Shakuntala Devi vs Angia Mandalain and Others

Gurusharan Sharma, J.—Heard. Plaintiff is appellant. She filed Title Suit No. 40 of 1990 for declaration that defendant No. 3, Dhaneshwar Mandal was not the adopted son of Angia Mandalain, wife of Bishu Mandal, defendant No. 4. Plaintiff is widow of Mittu Mandal, who was pre deceased son of defendant No. 4. According to her no ceremony of giving and taking took place and the alleged adopted child was never transferred from the family of his natural parents to the family of adoptive mother. Trial Court decreed the suit. How ever, on appeal filed by plaintiff the Court of appeal below reversed the same. No doubt plaintiff Shakuntala Devi was widow of Mittu Mandal but Court was bound to accept the fact of adoption as proof on the basis of registered deed of adoption dated 16.11.1990. Section 16 of the Hindu Adoption and Maintenance Act, 1956 provides that under a registered deed of adoption duly signed by the person giving and the person taking the child in adoption, there is a presumption that adoption was made in compliance with the provisions of the said Act, until and unless it is disproved. Hence, in my opinion. Court the appeal below rightly held adoption of Dhaneshwar Mandal by Angia Mandalain to be valid. There is no question of divesting the plain tiff from inheriting estate of her late husband which took place before adoption, by the aforesaid adoptive son of her mother-in-law. There is no merit in this Second Appeal. It is, accordingly, dismissed.