NDLI: Laxmibai (dead) Thr. Lrs. & Anr. Vs. Bhagwantbuva (dead) Thr. Lrs. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Hindu Adoptions registered
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908) Hindu Adoptions and Maintenance Act, 1956 (78 of 1956)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Hindu Adoptions and Maintenance Act, 1956: s.16 read with ss.10 and 11 - Adoption of male child by a female - Adoption deed got registered - Presumption of a valid adoption - Held: If there is a registered adoption deed, there is a presumption u/s 16 to the effect that the adoption has been made in compliance with the provisions of the Act until and unless such presumption is disproved - Burden to rebut the presumption lies on the person who challenges such adoption - In the instant case, defendants/respondents never made any attempt whatsoever, to rebut the presumption. ss. 10 and 11 read with s. 16 - Adoption - Held: In the instant case, there is ample evidence on record to prove occurrence of giving and taking ceremony - Adoptive mother put her thumb impression on the deed, and it was also signed by natural parents of child - The deed was signed by witnesses - Appellate courts could not have drawn any adverse inference against the appellants/plaintiffs on the basis of a mere technicality, to the effect that the natural parents of the adoptive child had acted as witnesses, and not as executors of the document - It is, therefore, held that the document was valid. Custom - Defendant pleading a special family custom that a child from outside the family could not have been · adopted - Held: He who relies upon custom varying general law, must plead and prove it - Special customs which prevailing a family, a particular community etc., require strict proof A and the defendants/respondents have failed to prove the same - Evidence Act, 1872 - s.57 - Judicial notice. Code of Civil Procedure, 1908:. 0. 18, r. 16. - Power to examine witness immediately - Held: Mere apprehension of death of a witness cannot be a sufficient cause for immediate examination of a witness - More so, it is the discretion of court to come to a conclusion as to whether there is a sufficient cause or not to examine the witness immediately - In the instant case, plaintiff was just above 70 years of age and hale and hearty and, as such, there was no occasion for her to file an application under 0. 18, r. 16 CPC for recording statement prior to commencement of trial. Evidence Act, 1872: s.134 read with ss. 138 and 146 - Number of witnesses and cross-examination - It is not the number of witnesses but quality of their evidence which is important - If a party wishes to raise any doubt as regards correctness of statement of a witness, the said witness must be given an opportunity to explain his statement by drawing his attention to that part of it, which has been objected to - Without this, it is not possible to impeach his credibility.The appellant's husband, being the descendant of Shri Sant Eknath Maharaj, was vested with exclusive right to carry the Palki and Padukas of Sant Maharaj from Paithan to Pandharpur, at the time of Ashadi Akadashi; and after her husband's death, the appellant was vested with the said right. (The brother of appellant's husband had predeceased him.) On 11.5.1971 the appellant adopted 'R', the son of 'VBP'. On the same day the adoption deed was executed and registered. The appellant and her sister-in-law (the wife of the deceased brother of appellant's husband) filed a suit against the respondents seeking a decree of perpetual injunction preventing them from causing any obstruction or interf'erence in exercise of their exclusive rights to carrying the Palki and Padukas. The trial court decreed the suit, inter alia, holding that the adoption was valid. The appellant died during the trial and the adopted child inherited all her property. However, the first appellate court held that the respondents had proved that there existed a custom which prohibited the taking of a male child in adoption from outside. The adoption deed was also held to be suspicious. The second appeal of the appellants, having been dismissed by the High Court, led them to file an appeal.
Judge	Hon'ble Dr. Justice B.S. Chauhan
Neutral Citation	2013 INSC 64
Petitioner	Laxmibai (dead) Thr. Lrs. & Anr.
Respondent	Bhagwantbuva (dead) Thr. Lrs. & Ors.
SCR	[2013] 1 S.C.R. 632
Judgement Date	2013-01-29
Case Number	2058

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