The Allahabad High Court recently apologized to litigants for taking over four decades to decide a case related to the validity of an adoption deed in a case over inheritance of property. .Justice Saurabh Shyam Shamshery found that the High Court had stayed an order of Board of Revenue in 1983, then rejected the stay application in 1992 but later again granted an interim order.The case over the adoption deed from the year 1967 remained pending before the Court till December 11, 2024."The Court extends apology to litigants since this writ petition is being decided after more than four decades," the single-judge said while dismissing the writ petition. .The case had its origins in the rejection of petitioner Ashok Kumar's objections in consolidation proceedings related to inheritance of agriculture land.The dismissal was based on the adoption deed. On April 25, 1977, the Consolidation Officer has ruled that the adoption proceedings were invalid as the deed was not signed by adopted mother. Similarly, objections based on an unregistered will were also dismissed. However, the objection related to inheritance was partially accepted.Assistant Settlement Officer in 1982 allowed Kumar's appeal, holding that the adoption deed was valid. However, the Board of Revenue a year later reversed the decision and rejected Kumar's claim. The matter then reached the High Court which reserved its decision on December 6 this year..In the decision pronounced on December 11, the Court said that under Hindu Maintenance and Adoption Act, consent of the wife for adopting a male Hindu child and the ceremony of adoption are mandatory.From the record, it found that both the adopting father and mother had died prior to consolidation proceedings. It also noted witness statements revealing that adopting mother was not present at the time of adoption. "During proceedings statement of Subedar Singh (biological father of petitioner) was recorded wherein he has stated that during adoption proceeding parents of both sides were present including the wife of adopted father, however, witnesses have stated that at the time of registration of the adoption deed, adopted mother (wife of adopted father) was not present.".The wife of adopting father had not put her signature or thumb impression on adoption deed and thus the document was not sufficient to prove adoption, it concluded."It could be held without any doubt that wife of adopted father has not signed the adoption deed as well as the photographs also indicate that she has not participated in the ceremony. One witness has not even identified her in photographs, therefore, the Court is of considered opinion that mandatory requirement that person who adopts a child must have consent of his wife was absent," it said.Thus, the Court upheld the decision of Board of Revenue and rejected the plea. .Advocates Rajeshwar Tiwari, Dipendra Kumar, Faujdar Rai, OP Mishra, Pradeep Kumar Rai appeared for the petitioner.Advocates Saumitra Anand, SN Singh, RN Singh and Rahul Sahai appeared for the respondents..[Read Order]
