KAMLA KUMARI Vs. VED PRAKASH GUPTA

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 08.04.2004 which had endorsed the findings of the trial Judge dated 27.01.2003 whereby the suit filed by the plaintiff Kamla Kumari Gupta seeking a declaration to the effect that she is the legally adopted daughter of late Sh. Joginder Nath Gupta had been dismissed.

(2.) THE plaintiff had averred that she is the adopted daughter of Sh. Joginder Nath Gupta. She was residing with him till the time of his death. THEy were residing in property bearing No. R-705 B, New Rajinder Nagar, New Delhi. THE defendant Ved Prakash Gupta was the son of late Sh. Joginder Nath Gupta. THE plaintiff was adopted by the deceased and all necessary ceremonies required for adoption had been performed on 10.06.1976. THE Pandit performing the ceremonies of adoption was Pandit Durga Das. A document to the said effect had also been prepared. THE plaintiff was recognized as the daughter of late Sh. Joginder Nath Gupta. He was a store keeper in COD?, Delhi Cantt. He had written a letter to his Department recommending the name of the plaintiff for a job. THE defendant had applied for succession certificate qua the properties of his deceased father; plaintiff had filed objections.

(3.) ORAL and documentary evidence had been led before the trial court. Four witnesses were examined on behalf of the plaintiff which included the plaintiff herself who was examined as PW-1. The Pandit who performed the adoption ceremonies was examined as PW-4. Three witnesses had been examined on behalf of the defendant which included the defendant himself who was examined as DW-1. Sections 10 and 11 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as the said Act?) had been adhered to; being mandatory a person more than 15 years of age could not be taken in adoption unless there was custom to the contrary which custom was neither pleaded nor proved. Suit was accordingly dismissed.