valid adoption.- No adoption shall be
valid unless-
(i) the person adopting has the capacity, and also the
right, to take in adoption ... adoption has the capacity to do so;
(iii) the person adopted is capable of being taken in
adoption; and
(iv) the adoption is made
giving a son in adoption to a named person and can
delegate someone to accept the child in adoption on his or on
her behalf ... adoption made in
contravention of the said provision shall be void.
(2) An adoption which is void shall neither create any rights
in the adoptive
minor."
21. Similarly, under The Hindu Adoption and Maintenance Act,
1956 , the procedure of adoption is laid down in Chapter 2 and Section ... adoption made in
contravention of the said provision shall be void.
(2) An adoption which is void shall neither create any rights in
the adoptive
widowed daughter-in-law,
made an adoption on the strength of a deed of permission of
adoption that was executed in her favour ... heir to her
widow's estate. Consequently, the adoption by Chandrabullee
Debia was void as the power was incapable of execution. After
reaching this
time of registration of adoption deed)
that under Section 9 (supra) the mother, though can give the child in
adoption but only with the consent ... mother of the appellant giving the
appellant in adoption. The Adoption Deed was also declared as void.
11. The counsel for the appellant
filed a suit for declaration, declaring
the Adoption Deed and Gift Deed as null and void and to
declare her half share in the suit
Election Officer and the adoption of the 1999
Civil Suit No.44/10
:4:
Constitution - as illegal, unlawful and void ab initio;
ii) Direct
adoption deed and no such adoption ceremony took
place as mentioned in the adoption deed. The plaintiff never
participated in any adoption ceremony. The plaintiff ... parents as
she demanded back her son. The adoption of child Aryaman is illegal
and void and in the contravention of the rules and regulation
present suit for cancellation of said adoption deed and declared it to
be null and void.
3. Summons for settlement of issues were not issued ... nullify the effect
of valid adoption of defendant no.3 by declaring adoption deed dated 19.07.2011 as
null and void. Accordingly, not only the joint
wife of
Sukhdev Singh plaintiff/respondent and her marriage with him was void.
Thus, Sukhdev Singh was not under obligation to maintain Jagir Kaur ... Sukhdev Singh
under Section 18 of the Hindu Adoption and Maintenance Act. As per
the Hindu Adoption & Maintenance Act(hereinafter referred
