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1 - 10 of 24 (0.96 seconds)Section 15 in The Hindu Adoptions And Maintenance Act, 1956 [Entire Act]
Section 15 in The Registration Of Births And Deaths Act, 1969 [Entire Act]
Section 15 in The Registration Act, 1908 [Entire Act]
Section 9 in The Hindu Adoptions And Maintenance Act, 1956 [Entire Act]
Nayankumar Rajnikaben Trivedi vs District Education Officer Anand on 27 August, 2003
13. In the case on hand, the decree of
divorce between the biological
parents clearly provides that custody
of minor Harsh would be with the
wife of the petitioner and respondent
no.3 as former husband, has given up
all his rights. The Deed of Adoption is
a registered deed which is not
challenged by anybody. On the
contrary, as noted hereinabove,
respondent No.3 who happens to be
the biological father of the minor
child Harsh has expressed by way of
an affidavit before this Court in this
petition unequivocally that he has no
objection if the petitioner's name is
substituted as father. Thus, as
provided under section 16 of the
Hindu Adoptions and Maintenance
Act, 1956, minor Harsh is lawfully
adopted and the Deed of Adoption is
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C/SCA/416/2022 CAV JUDGMENT DATED: 17/02/2023
registered and therefore the
presumption as per the provisions of
section 16 of the Act can be drawn in
favour of the petitioner as there is no
rebuttal by the procedure known to
the law. Following the ratio laid
down by this Court in the case of
N.R. Trivedi v. District Education
Officer, Anand, AIR 2004 Guj. 53,
thus, from the record of this case, it
appears that the presumption as
regards adoption by a registered
deed would be in favour of the
petitioner."