Adoption Of Hindu Child In Hindu Family Can Be Done Without Registered Deed: Punjab & Haryana High Court

The Punjab & Haryana High Court on Thursday observed that the adoption of a Hindu child in Hindu family under the Hindu Adoptions and Maintenance Act can be done even without registered deed.

The case pertains to compassionate appointment in Railways, of an adoptive daughter whose appointment was denied because in Class 10th certificate names of her biological parents were reflected instead of adoptive one.

The Court rejected the Union's contention that the applicant, born in 1997, could not be considered as legally adopted, based on the adoption deed registered in 2017 (when she was an adult), which stated that the actual adoption occurred in 2010.

Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta observed that, "the Hindu Adoptions and Maintenance Act, 1956 (the Act) provides the manners and methods in which an adoption is to be made of a Hindu child in a Hindu Family. Adoption can be by way of a registered-deed or even without it."

The Court added that an act of giving and taking in adoption has to be performed by both the parties, namely, the biological parents and the adoptive parents. An adoption, which has already been done by way of a customary method or by any such give and take, may be reduced in writing subsequently and the adoption-deed may, thereafter, be registered.

The Union Government had filed the plea challenging the order of CAT whereby it directed the Government to consider the case of adopted daughter of a deceased employee for appointment on compassionate grounds.

Counsel for the Union Government submitted that adoption-deed executed cannot be said to be legal and valid in law as the same was registered on 02.06.2017 when the girl was above 20 years of age.

The Court however noted that there was no registered adoption-deed when Kaur was in Class 10th and, therefore, it is natural that in the Punjab School Education Board Certificate, the names of original parents, instead of adoptive parents, of the applicant Sukhpreet Kaur were mentioned.

"It is a matter of common knowledge that so far as the School Education Boards are concerned, they would only recognize actual parents of a child for being mentioned in the certificate and the names of father and mother would change only on the presentation of a registered adoption-deed," added the bench.

Speaking for the bench Justice Sharma highlighted that once an adoption-deed is registered, it would be presumed that a valid adoption has taken place with, of course, the right of rebuttal. The provisions regarding such presumption are provided under Section 16 of the Act.

 The Court rejected Union's contention that the adoption of Kaur was not done in accordance with law on the ground that she has attained the age of majority on the day of the registration of the adoption-deed.

"The date of birth of the applicant-respondent no.1 (Sukhpreet Kaur) is 23.03.1997. The registered adoption-deed reflects that the adoption had taken place on 12.01.2010 but the registration could not take place," the bench pointed.

The Court clarified that the compassionate appointment of the adopted daughter cannot be rejected merely because name of the adoptive daughter is not mentioned in the Class 10th certificate.

In the light of the above, the Court dismissed Union's plea.

Ms. Meghna Malik, Central Government Counsel, for the petitioners.

Title: Union of India and another v. Sukhpreet Kaur and another

Citation: 2025 LiveLaw (PH) 74

Click here to read/download the order