Whether Family Court Have Jurisdiction To Decide Validity Of Adoption Deed? Punjab & Haryana High Court Explains

The Punjab & Haryana High Court has said that the Family Court established under the Family Court Act do not have jurisdiction to decide the validity of Adoption Deed.                                     

A bench of Justice Anil Kshetarpal and Justice Rohit Kapoor said, "Parliament in its wisdom, did not vest the Family Courts with the jurisdiction to adjudicate the matters pertaining to adoption, while conspicuously, it has inter-alia conferred jurisdiction qua matters specified under Sub- Section (1) Explanation (g) to such courts, which pertains to a suit or proceedings in relation to the guardianship of the person or the custody of, or access to any minor."

Speaking for the bench Justice Kapoor said, "this has been done despite the fact that both 'Adoption' and 'Maintenance' of persons covered under Section 2 of the Hindu Adoptions & Maintenance Act, 1956, are governed by the said legislation (HAMA)..."

The said exclusion, to our mind is a conscience decision by the Parliament, keeping in view the overall scheme of the Family Courts Act, where a speedy, less formal, and conciliatory procedure is required to be followed, which may not be suitable for deciding disputes pertaining to the validity of an adoption deed.

Justice Kapoor elucidated that, as per Section 9 of the Civil Procedure Code, the Court has jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. However, exclusion of the jurisdiction of the Civil Courts is not to be readily inferred, but such exclusion must be either explicitly expressed or clearly implied.

"The ouster of the jurisdiction of a Civil Court is not to be lightly inferred and can only be established if there is an express provision of law or is clearly implied," the bench opined.

These observations were made while hearing an appeal under Section 19 of the Family Courts Act, challenging the Family Court's decision whereby the appellant's petition seeking guardianship of the minor child was dismissed.

The validity of the adoption deed was challenged before the Family Court and it held that the proceedings relating to 'adoption', cannot be considered by the Family Court.

Referring to Patna High Court decision in Satya Narayan Prasad Gupta @ Sato Sao @ Satya Prakash Prasad Vs. Bijay Kumar Gupta, [AIR 2023 Patna 154] Allahabad High Court in the case of Kuldeep Kumar and another Vs. Sh. Naveen Kumar and another, [2017 SCC Online ALL 4082], the Bombay High Court in the case of Carsten Friis and ors Vs. Nil, 2009 SCC OnLine Bom 2500 and and the  High Court of Kerala in Anil Kumar and another Vs. Sep. Bikram Singh Bisht and another, [2019 SCC OnLine Ker 15950], the Court opined that, "the preponderance of judicial opinion is to the effect, that the Family Courts do not have jurisdiction to decide issues pertaining to adoption."

Dr. Pankaj Nanhera, Advocate for the appellant.

Mr. Sanjiv Kumar Aggarwal, Advocate for the respondents.

Title: XXXX v. XXX