Delhi District Court
) Sh. Anil Yadav vs ) Ms. Parul Yadav @ Parul Kharbanda on 17 January, 2019
Suit No. 609/17 Page 1 of 10
IN THE COURT OF DR. JAGMINDER SINGH
JSCC-cum-ADDITIONAL SENIOR CIVIL JUDGE
cum-GUARDIAN JUDGE, DWARKA COURTS, DELHI
Suit No. : 609/17
In the matter of :
1) Sh. Anil Yadav,
S/o Sh. Shishu Pal Singh Yadav,
R/o H. No.170, Chatarbhuj Marg,
Kapashera, Delhi-110037,
2) Sh. Sunil Yadav,
S/o Sh. Shishu Pal Singh Yadav,
R/o H. No.192, Kapashera,
New Delhi-110037.
........Plaintiffs
Versus
1) Ms. Parul Yadav @ Parul Kharbanda,
D/o Sh. Ravinder Singh Yadav,
(Natural Father),
Presently R/o 1218 Summit Avenue,
Minneapolis MN 55403, USA,
(Through her special Attorney)
Sh. D.V.S. Yadav S/o Sh. R.M. Yadav,
R/o B-4/201, 3rd Floor,
Safdarjung Enclave, New Delhi.
2) Sh. Shishu Pal Singh Yadav,
S/o Sh. Mool Chand Yadav,
R/o Village & PO Kapashera,
New Delhi-110037,
3) Sh. Ravinder Singh Yadav,
S/o Sh. Bhup Yadav,
Sh. Anil Yadav & Anr. Vs. Ms. Parul Yadav @ Parul Kharbands & Ors.
Suit No. 609/17 Page 2 of 10
4) Smt. Anita Yadav,
W/o Sh. Ravinder Singh Yadav,
Both defendants no. 3 & 4 are R/o
E-7, Bhim Nagri DDA Flats,
Safdarjung Development Area,
New Delhi-110016.
......Defendants
Date of institution of the suit : 29.04.2017
Final Arguments Heard on : 17.01.2019
Date of Judgment : 17.01.2019
Final Order : DECREED
SUIT FOR DECLARATION & CANCELLATION OF
ADOPTION DEED
JUDGMENT :-
1. This is a suit for declaration & cancellation of adoption deed.
2. Brief facts necessary for the disposal of the present suit as mentioned in the plaint are that the plaintiffs are the real sons of defendant no. 2 and defendant no. 3 & 4 are the brother-in-law and sister of the plaintiffs respectively. Defendant no.1 is the real/natural daughter of defendant no.3 and 4 and alleged adopted daughter of defendant no.2. On 14.02.1985 when defendant no.1 was approximately 07 Sh. Anil Yadav & Anr. Vs. Ms. Parul Yadav @ Parul Kharbands & Ors. Suit No. 609/17 Page 3 of 10 years of age, defendant no.2 to 4 alongwith wife of defendant no.2, namely, Smt. Asharfi Yadav (now deceased died on 05.08.2007) entered into an adoption deed dated 14.02.1985, duly registered as document no.583 in additional book no. 3, Volume no. 302 on pages 143-144 in the Office of Sub Registrar, Asaf Ali Road, New Delhi on 14.02.1985 itself, whereby, defendant no. 3 to 4 agreed to give their daughter, namely, Parul Yadav (defendant no.1) to defendant no.2 and his wife.
3. The plaintiff treated defendant no.1 as sister because she started residing and living with them. In March 2017 when defendant no.2 was searching for papers in his house, he showed the above said adoption deed to the plaintiffs. Thereafter, when the plaintiffs were in the process of clarification of their mother's land / property in their names they showed the copy of the adoption deed to the concerned Revenue Officials and some legal practitioners and at that time they came to know that there are certain legal defects and invalidities in the adoption deed. It was Sh. Anil Yadav & Anr. Vs. Ms. Parul Yadav @ Parul Kharbands & Ors. Suit No. 609/17 Page 4 of 10 claimed that the adoption deed is in violation Hindu Adoption and Maintenance Act 1956 and hence the same is ultra vires and bad in law. Therefore, the plaintiffs are seeking for a decree of declaration in their favour and against the defendants declaring the aforesaid registered adoption deed as null and void. Hence, the present suit is filed before the Court. This Court is having jurisdiction for trial of this suit.
4. On the suit of the plaintiff, summons were issued to the defendants. No written statement has been filed by the defendants no.1 & 2 opposing the plaintiff's suit.
5. On the basis of the pleadings of the parties, the following issues were framed :-
(i) Whether the plaintiff is entitled for a decree in his favour for declaring the registered Adoption Deed dated 14.02.1985 as null and void, as prayed?(OPP).
(ii) Relief.
6. After framing of issues, matter was fixed for plaintiff's evidence and plaintiffs had examined two witnesses in their evidence.
Sh. Anil Yadav & Anr. Vs. Ms. Parul Yadav @ Parul Kharbands & Ors. Suit No. 609/17 Page 5 of 10
7. PW1 is Sh.Anil Kumar Yadav, who had tendered his affidavit Ex.PW1/A in his evidence and had relied upon the following documents :-
• Ex. PW1/1 (OSR) i.e. copy of Aadhar card. • Ex. PW1/2 (OSR) i.e. registered Adoption Deed dated 14.02.1985 • Ex. PW1/3 (OSR) Birth certificate of Parul dated 20.07.1978.
• Ex. PW1/4 (OSR) i.e. Election ID card of Parul. • Ex. PW1/5 (OSR) i.e. Copy of passport of Smt. Anita.
8. PW2 is Sh. Sunil Yadav who had tendered his affidavit Ex.PW2/A in his evidence and he relied upon the documents i.e. Ex.PW1/2 to Ex.PW1/5 which were already exhibited by PW1 and further relied upon the following document:-
• Ex.PW2/1 (OSR) i.e. Copy of driving license.
9. No any other witness was examined by the plaintiff and they closed their evidence vide separate statement and matter was fixed for defendant's evidence. No witness was examined on behalf of any of the Sh. Anil Yadav & Anr. Vs. Ms. Parul Yadav @ Parul Kharbands & Ors. Suit No. 609/17 Page 6 of 10 defendants and vide separate statement, Ld. Counsel for defendants had closed defendant's evidence and the matter was fixed for final arguments.
10. Final arguments heard on behalf of defendants. No arguments advanced on behalf of plaintiffs today as none is appearing on behalf of plaintiffs since last four dates. However, on earlier dates, Ld. Counsel for plaintiffs prayed for decree of the suit. I have considered the submissions of both parties and perused the documents and evidence filed on record.
11. Issue no.(i) is that Whether the plaintiff is entitled for a decree in his favour for declaring the registered Adoption Deed dated 14.02.1985 as null and void, as prayed?(OPP). Onus to prove this issue is on the plaintiffs. As per the averments mentioned in the plaint and the evidence placed on record, at the time of adoption, defendant no.2's family consisted of his wife Smt. Asharfi and three children i.e. plaintiff no.1 Sh. Anil Yadav (Son), plaintiff no.2 Sh. Sunil Yadav (Son) and defendant no. 4 Sh. Anil Yadav & Anr. Vs. Ms. Parul Yadav @ Parul Kharbands & Ors. Suit No. 609/17 Page 7 of 10 Smt.Anita Yadav (daughter). However, inspite of having a real / natural daughter on 14.02.1985 the defendant no. 2 to 4 entered into an adoption deed whereby, defendant no. 3 and 4 agreed to give their daughter, Parul Yadav, (defendant no. 1) to defendant no.2 and his wife Smt. Asharfi Devi. The said adoption deed who placed on record during evidence by PW1 as Ex.PW1/2.
12. It is the above mentioned adoption deed Ex.PW1/2 that the plaintiffs pray to be declared null & void for being in violation of Section 11 (ii) of Hindu Adoption and Maintenance Act, 1956. The relevant Section is reproduced as below:
"11. Other conditions for a valid adoption - In every adoption, the following conditions must be complied with :-
(i) ............
(ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption;
Sh. Anil Yadav & Anr. Vs. Ms. Parul Yadav @ Parul Kharbands & Ors. Suit No. 609/17 Page 8 of 10
(iii) ..........
(iv) ..........
(v) ..........
(vi) .........."
13. It is clear that for an adoption to be valid the conditions laid down in Section 11 (ii) of The Hindu Adoption and Maintenance Act, 1956 have to be fulfilled. Section 11
(ii) of The Hindu Adoption and Maintenance Act, 1956 clearly states that in every adoption, if the adoption is of a daughter, then the prospective adopted father or mother must not have a Hindu daughter living at the time of adoption. Any violation of the conditions laid down in Section 11 will lead to adoption not being considered as a valid adoption. In the present case, a perusal of the affidavits placed on record by plaintiff no.1 and plaintiff no.2 make it abundantly clear that at the time of adoption of defendant no.1 by defendant no.2, defendant no.2 already had a living daughter i.e. defendant no. 4. It is only the daughter of defendant no. 4 that was adopted by defendant Sh. Anil Yadav & Anr. Vs. Ms. Parul Yadav @ Parul Kharbands & Ors. Suit No. 609/17 Page 9 of 10 no. 2. Thus, defendant no.2 adopted as daughter to the daughter of his real/natural daughter which is a direct violation of Section 11 (ii) of Hindu Adoption and Maintenance Act, 1956. It is also pertinent to mention here that the defendants have not placed on record any evidence to rebutt the averments made or documents placed on record by the plaintiffs. No defence evidence has been led by them to show that the adoption deed Ex.PW1/2 is indeed valid.
14. In view of the fact that the affidavits of plaintiffs no.1 and 2 clearly shows that defendant no.2 already had a daughter at the time of adoption and in absence of any rebuttal by the defendants, the court is of the considered opinion that the adoption deed Ex.PW1/2 dated 14.02.1985 is in violation of Section 11 (ii) of The Hindu Adoption and Maintenance Act, 1956 and hence the adoption is not valid. Issue no.1 is therefore decided in favour of plaintiffs and against the defendants.
15. Relief: Therefore, in view of aforesaid Sh. Anil Yadav & Anr. Vs. Ms. Parul Yadav @ Parul Kharbands & Ors. Suit No. 609/17 Page 10 of 10 discussion, the registered adoption deed Ex. PW1/2 dated 14.02.1985, duly registered as document no. 583 in additional book no. 3, Volume no. 302 on pages 143-144 in the Office of Sub-Registrar, Asaf Ali Road, New Delhi is hereby declared null & void.
16. Suit of the plaintiff is decreed.
17. No order as to costs.
18. Decree sheet be prepared accordingly.
19. File be consigned to record room after due compliance.
Announced in the open court Digitally signed on this 17th day of January, 2019 by JAGMINDER SINGH JAGMINDER Date:
SINGH 2019.01.17
16:16:59
+0530
(DR. JAGMINDER SINGH)
JSCC-ASCJ-cum-Guardian Judge,
Dwarka Courts : Delhi
Note: This judgment is having Ten pages and each page is bearing my signatures.
(DR. JAGMINDER SINGH) JSCC-ASCJ-cum-Guardian Judge, Dwarka Courts : Delhi Sh. Anil Yadav & Anr. Vs. Ms. Parul Yadav @ Parul Kharbands & Ors.