Adoption Is Valid Under Hindu Adoptions & Maintenance Act Without Registered Deed: Punjab & Haryana High Court
The case involved the denial of a compassionate appointment in the Railways to an adopted daughter, whose biological parents were listed in her Class 10 certificate instead of her adoptive parents.
The Punjab and Haryana High Court ruled that under the Hindu Adoptions and Maintenance Act, the adoption of a Hindu child by a Hindu family can be validly carried out even without a registered deed.
The case stemmed from a decision by the Central Administrative Tribunal (CAT) that had directed the government to consider the adopted daughter for compassionate appointment after her biological father passed away. The Union Government had challenged this ruling, arguing that the adoption deed registered in 2017 was invalid because the applicant had already turned 20 by the time it was formalized.
The case involved the denial of a compassionate appointment in the Railways to an adopted daughter, whose biological parents were listed in her Class 10 certificate instead of her adoptive parents.
The Union Government argued that the applicant, who was born in 1997, could not be considered legally adopted because the adoption deed was registered in 2017, when she was an adult, even though the adoption had taken place in 2010.
A Division Bench of Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta clarified, "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."
Advocate Meghna Malik appeared for the Petitioners.
According to the Act, adoption can occur either through a registered deed or through an unregistered adoption, as long as the act of adoption is properly carried out by both biological and adoptive parents. A written deed and its subsequent registration may follow the customary adoption process but are not required for the adoption to be legally valid.
The Court, however, noted that there was no registered adoption deed when she was in Class 10, which explained why her school certificate listed her biological parents rather than her adoptive ones. The bench acknowledged that educational boards typically recognize only the biological parents in official records, and the names of adoptive parents would only be reflected after a registered adoption deed is presented.
The Court emphasized that once an adoption deed is registered, it is presumed to be valid under the law, as per Section 16 of the Hindu Adoptions and Maintenance Act. The Court pointed out that her birthdate was 23 March 1997, and while the adoption was registered on 2 June 2017, the adoption itself took place on 12 January 2010, which was well before the registration.
The Court concluded that the absence of the adoptive parents' names on her Class 10 certificate did not invalidate her adoption. Therefore, her application for compassionate appointment could not be rejected on that basis.
The Court ultimately dismissed the Union Government's plea, ruling in favor of considering the adopted daughter for the appointment.
Cause Title: Union of India & Anr. v. Sukhpreet Kaur & Anr., [2025:PHHC:020462-DB]
