Shivagangavva is void. It is well
established proposition of law that no
consequences ensue a void transaction. A void
transaction does not affect the respective ... abundant caution reiterates
this proposition it lays down as :
a) A void adoption does not create any
right or relationship in adoptive
family
adoption before 03.12.2019.
35. Mr. Malhotra also referred to Section 5 (2) of the Act of 1956 to
submit that an adoption that is void ... said Act, and that any adoption made in
contravention of the provisions thereof would be void.
36. Thus, the contention of learned Amicus Curiae
Hence, the CWC held that Ext P-1 adoption is void
and illegal, and therefore, the child is a child in need
of care ... adoption
made in contravention of the said provisions shall be
void.
(2) An adoption which is void shall neither create any
rights in the adoptive
this
section.
5. Adoptions to be regulated by this Chapter- (1) No
adoption shall be made after the commencement of this ... adoption
made in contravention of the said provisions shall be void.
(2) An adoption which is void shall neither create any rights in
the adoptive
unsustainable. They further contend that any adoption contrary to the provisions of Hindu Adoption and Maintenance Act is void. As no adoption deed
consideration of good
and bad qualities;
(b) Declare the adoption deed dated 21.01.1972 is void
one not binding on the plaintiff;
(c) Restrain the defendants ... petitioner at any time. The alleged adoption
deed is a void document and never acted upon and it came
11
into existence in contrary
also Section 9 and 10 of
the Act, the adoption deed appears to be void as indicated under Section 5 of the Act
itself ... respondent-passport authority cannot be directed to act upon such void
deed of adoption for alteration of the name of the petitioner in the passport
suit preferred by him for declaration that the
adoption deed dated 15.02.2006 is null and void has been dismissed.
Learned counsel for the appellant/plaintiff ... circumstances and, therefore, it has to be treated as null and void.
The adoption deed was registered in the office of Sub-Registrar,
Charkhi Dadri
null and void;
(iv) Sale deed executed by Hucchappa in favour of
defendant No.4 in 1989-90 is null and void;
(v) Sale deed ... defendant No.10 in
1995-96 is null and void.
12. The challenge to the adoption is found in para 8
of the plaint
have requisite capacity to take in adoption or the right to take in adoption is null and void.
17. It is clear that only ... condition precedent to an adoption which is mandatory and adoption without wife's consent would be void. Both proviso to Sections
