Adoption Of Hindu Child In Hindu Family Can Be Done Without Registered Deed: Punjab & Haryana High Court

Post By 24law
February 15, 2025

Pranav B Prem

The Punjab & Haryana High Court has ruled that the adoption of a Hindu child in a Hindu family under the Hindu Adoptions and Maintenance Act, 1956 (HAMA) can be valid even in the absence of a registered adoption deed. The division bench comprising Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta made this observation while dismissing a petition filed by the Union of India and the Railways challenging an order by the Central Administrative Tribunal (CAT).

Background of the Case

The case revolved around the compassionate appointment of Sukhpreet Kaur, the adopted daughter of a deceased railway employee, Vijay Kumar. Her appointment was denied on the grounds that her Class 10th certificate still reflected the names of her biological parents instead of her adoptive parents. The Union Government contended that since the adoption deed was registered in 2017 when she was already over 20 years old, the adoption could not be considered valid under the law.

Court’s Observations

Rejecting the arguments of the Union Government, the Court emphasized the provisions of HAMA, stating: "The Hindu Adoptions and Maintenance Act, 1956 (the Act) provides the manners and methods in which an adoption is to be made of a Hindu child in a Hindu Family. Adoption can be by way of a registered deed or even without it." The Court further clarified that an act of giving and taking in adoption must be performed by both parties—the biological parents and the adoptive parents. The bench noted: "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."

Significance of the Adoption Deed

Addressing the issue of registration, the Court referred to Section 16 of HAMA, which states that once an adoption deed is registered, there is a presumption of a valid adoption, subject to rebuttal. The Union Government argued that since Sukhpreet Kaur’s Class 10th certificate did not reflect her adoptive parents' names, her adoption was not legally recognized. However, the Court dismissed this contention, stating: "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." The bench further held that the compassionate appointment of an adopted child cannot be denied merely on the ground that their adoptive parents' names were not reflected in school records at the time.

Legal Precedents and Dismissal of the Petition

The Court also referred to a recent Supreme Court ruling in Prema Gopal vs. Central Adoption Resource Authority and others (SLP (C) No. 14886 of 2024), where it was held that an adoption deed, even if registered at a later date, would relate back to the actual date of adoption when the religious ceremonies were performed. Considering all aspects, the High Court concluded that the CAT’s order directing the Union Government to consider Sukhpreet Kaur’s case for compassionate appointment was justified. Consequently, the petition was dismissed as misconceived.