SC ruling on Hindu Adoption Act

By T. Padmanabha Rao

NEW DELHI, AUG. 20. ``There cannot be a valid adoption (under the Hindu Adoption and Maintenance Act 1956) unless the adopted child is transferred from one family to another, the object being to secure due publicity,'' the Supreme Court has said.

It was for an adopted child in a given case to discharge the burden of the factum of adoption and its validity.

Delivering the judgment, Mr. Justice S.N. Phukan, on the facts and circumstances of the case, held that there was ``not an iota of evidence to show that any ceremony of adoption was performed and the appellant (who claimed to be an adopted daughter of a person, original tenant since deceased) - was actually handed over for adoption by her parents.''

Therefore, the Bench, in effect, rejected a plea of the appellant that she was entitled to continue as a tenant in her capacity as a `heir' to the original tenant (since deceased) in the premises leased out by the concerned landlord (respondent).

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Section  : National
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