Hindu Adoptions and Maintenance Act, 1956, Section 5, 11(vi) -- Adoption - Validity - Defendant relied upon compromise decree under which he is declared to be adopted son - However, said compromise decree does not satisfy ingredients of S.11(vi) of the Act, as it indicates only factum of taking child by adoptive mother of defendant - Act of taking has to be necessarily..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Son entitled to maintenance from her father until he attains majority - However, directing father to pay/bear educational expenses of major son cannot be justified either u/s 125 Cr.P.C and/or by taking recourse to S.20 of Hindu Adoption and Maintenance Act, 1956...........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 7, 11 -- Adoption - Validity - Partition suit - Plaintiff admitted in her evidence that she has no proof of ceremony of giving and taking of her in adoption - Admittedly, there is no pleading in plaint regarding adoption being in accordance with provisions of the Act - Adoptive mother of plaintiff categorically stated..........
Hindu Adoptions and Maintenance Act, 1956, Section 10(iv) -- Adoption - Validity - Petitioner was above 15 years of age on the date when he is said to have been taken in adoption - Adoption held, not valid - Claim of petitioner for compassionate appointment on basis of said adoption being adoptive son of deceased employee rightly rejected...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Adoption - Declaration as to valid adoption, on appreciation of evidence, can be made by Civil Court and not by Revenue Court...........
Hindu Succession Act, 1956, Section 8, 4, 3(a), (e) -- Property of adoptee inherit from adoptive family - Children born to adoptee before his adoption entitled to inherit his property in adoptive family, as Act do not make any distinction between son born to a father prior or after adoption of his father - Since there was a full blood relationship between three sons (born..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 56(3), Hindu Adoptions and Maintenance Act, 1956, Section 5, 16 -- Adoption - Where a person qualifies to adopt a child under provisions of both 1956 Act and JJ Act, it would be choice of such person to opt for either of such Acts for adoption, particularly where there is no repugnancy between two..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 56(3), 80, Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Presumption - Once an adoption deed is executed and registered under the Act, Court shall presume that adoption is made in compliance with provisions of the Act until it is disproved...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 80 -- Child care institution - Merely by raising an allegation that child was placed and taken in adoption in contravention of S.80 of the Act, is not sufficient to direct child to be placed with a child care institution - Moreover, on giving and taking child through registered adoption deed, child can..........
Hindu Adoptions and Maintenance Act, 1956, Section 15, 16 -- Adoption deed - Presumption - No presumption can be raised u/s 15 of the Act, in absence of signature of natural father or mother of adoptee as was mandatorily required in terms of S.16 of the Act itself - Adoption deed not valid...........
