Adoption of Hindu Child in a Hindu Family Valid Even Without Registered Deed: Punjab & Haryana HC

The Punjab and Haryana High Court has ruled that an adoption of a Hindu child in a Hindu family remains valid even in the absence of a registered adoption deed.

A Division Bench comprising Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta, made the observation while dismissing a writ petition filed by the Union of India and the Railways, challenging an order of the Central Administrative Tribunal (CAT) that directed the consideration of a woman’s appointment on compassionate grounds following her adoptive father’s demise.

The case arose from the rejection of the respondent, Sukhpreet Kaur’s appointment on the ground that Class 10 certificate did not reflect the name of the deceased railway employee, Vijay Kumar, but instead listed her biological parents.

The state/ petitioners argued that the adoption deed was registered on June 2, 2017, at which time the adopted individual was over 20 years old. It was further contended that the alleged date of adoption, January 12, 2010, was unverifiable and thus, raised suspicion.

On the other hand, the respondents argued that adoption under Hindu law does not necessarily require a registered deed. They maintained that the act of giving and taking in adoption had already been performed in 2010, and the subsequent registration of the deed in 2017 did not negate the adoption’s validity. The respondents cited Section 16 of the Act, which provides that once an adoption deed is registered, a presumption arises in favour of the adoption’s validity.

The High Court finding the Union and the Railways’ challenge to be misconceived, held: “The Hindu Adoptions and Maintenance Act, 1956, provides the manners and methods in which a Hindu child can be adopted in a Hindu family. Adoption can be effected by way of a registered deed or even without it. However, an act of giving and taking in adoption has to be performed by both the parties, namely, the biological parents and the adoptive parents. An adoption, which has already been done by way of a customary method or by any such give and take, may be reduced in writing subsequently and the adoption-deed may, thereafter, be registered.”

The court rejected the Union’s contention that the applicant, born in 1997, could not be considered legally adopted based on an adoption deed registered in 2017—when she was an adult—the court observed that the deed itself confirmed that the adoption had actually taken place in 2010. The court highlighted that once an adoption deed is registered, a presumption of valid adoption arises under Section 16 of the Act, subject to rebuttal.

The court further emphasised that at the time of the respondent’s Class 10 examination, no registered adoption deed existed, making it natural for her biological parents' names to appear on her school certificate. “The registered adoption-deed reflects that the adoption had taken place on 12.01.2010 but the registration could not take place. It is a matter of common knowledge that so far as the School Education Boards are concerned they would only recognize actual parents of a child for being mentioned in the certificate and the names of father and mother would change only on the presentation of a registered adoption deed. In June, 2013, there was no registered adoption deed and, therefore, it is natural that in the Punjab School Education Board Certificate, the names of original parents, instead of adoptive parents, of the applicant-respondent no.1 were mentioned,” the court noted.

Concluding that the compassionate appointment could not be denied merely because the applicant’s adoptive parents’ names were absent from her school certificate, the court dismissed the plea, stating that the CAT order did not warrant interference.

 

Cause Title: Union of India & Another v. Sukhpreet Kaur & Another [CWP No. 28074 of 2024]

Appearance: Ms. Meghna Malik, Central Government Counsel - for the petitioners.