In a recent Judgement Supreme Court has held that Consent of wife and Actual Ceremony of Giving And Taking in Adoption is Essential For Valid Adoption as per the provisions of Hindu Adoption and Maintenance Act.
The judgement came out in a case titled as M. Vanaja vs. M. Sarla Devi
CASE BACKGROUND
In the Present case, The Appellant filed a civil suit for a declaration that she is the adopted daughter of the Respondent and Late Narasimhulu Naidu. She sought for partition of the suit schedule property.It was averred by the appellant that both the natural parents died when she was very young. Appellant pleaded that she was brought up as the daughter of the Respondent – M. Sarla Devi and her husband Late Narasimhulu Naidu. In the records of School and College, the names of the original Respondent and her husband were entered as the parents of the Appellant. Even in the government records like ration card, etc., the Appellant was mentioned as the daughter of the original Respondent and her husband. She further contended that Narasimhulu Naidu died intestate on 19.08.2003. As such Appellant along with the Respondent succeeded to the entire estate of Narasimhulu Naidu and that she is entitled to half share of his properties. It was submitted that due to the ill-advice of relatives, the original Defendant- M. Sarla Devi turned against the Appellant and was making an attempt to alienate the properties. The original Respondent filed a written statement in which it was stated that the Appellant is the daughter of her younger sister Manjula. As the Appellant’s biological parents died when she was very young, the Respondent and her husband Narasimhulu Naidu brought her up. They ensured that she had good education but the Appellant was never adopted by the Respondent and her husband. As such, it was contended by the Respondent that the Appellant does not have any right in the properties belonging to the Defendant’s husband. The suit was dismissed and the judgment of the trial court was upheld by the High Court of Andhra Pradesh at Hyderabad. Aggrieved by the judgment, the Appellant has filed the above Appeal.
The Supreme Court noted that :
The Appellant admitted in her evidence that she does not have the proof of the ceremony of giving and taking of her in adoption. Admittedly, there is no pleading in the plaint regarding the adoption being in accordance with the provisions of the Act. Respondent who is the adoptive mother has categorically stated in her evidence that the Appellant was never adopted though she was merely brought up by her and her husband.
The Court referred to the provisions of Hindu Adoption and Maintenance Act and Judgement L. Debi Prasad (Dead) by Lrs.(supra) relied by the appellant and held that:
Though the facts are similar, we are unable to apply the law laid down in L. Debi Prasad (Dead) by Lrs. (supra) to the instant case. L. Debi Prasad (Dead) by Lrs. (supra) case pertains to adoption that took place in the year 1892 and we are concerned with an adoption that has taken place after the Act of 1956 has come into force. Though the Appellant has produced evidence to show that she was treated as a daughter by (Late) Narasimhulu Naidu and the Defendant, she has not been able to establish her adoption. The mandate of the Act of 1956 is that no adoption shall be valid unless it has been made in compliance with the conditions mentioned in Chapter I of the Act of 1956. The two essential conditions i.e. the consent of the wife and the actual ceremony of adoption have not been established. This Court by its judgment in Ghisalal v. Dhapubai (Dead) by Lrs. & Ors. 2 held that the consent of the wife is mandatory for proving adoption. And Dismissed the Appeal.
Read Judgement here:
