REETIKA KAUR Vs. DARSHAN SINGH COMBOW

JUDGEMENT

(1.) By way of filing of the present petition under Article 227 of the Constitution of India, the petitioner has assailed the impugned order dated 3 rd August, 2012 passed by the Addl. District Judge-03 (North), Tis Hazari Courts, Delhi in RCA No.70/2010.

(2.) The petitioner/plaintiff filed a suit for declaration with the averments that respondents/defendants No.3 & 4 are the natural parents of the petitioner while respondents/defendants No.1 & 2 are her adopted parents. Respondents No.3 & 4 are legally married and out of the wedlock, the petitioner was born on 3rd April, 1986 at New Delhi. Respondents No.1 & 2 are the relatives of respondents No.3 & 4 who had three sons but no daughter and therefore, were desirous of adopting a daughter and hence, adopted the petitioner on 2nd July, 1998. An adoption deed was also executed on the same day.

(3.) It was further stated that respondents No.1 & 2 were settled in Canada prior to the adoption and, therefore, they persuaded the respondents No.3 & 4 to give the petitioner in adoption as they would take the petitioner to Canada. At the time of alleged adoption, no ceremony of giving or taking in adoption was performed and the petitioner was taken into custody by the respondents No.1 & 2. After the adoption of the petitioner, her parents' names were also changed and the names of respondents No.1 & 2 were substituted. At the relevant time, the petitioner was studying in 9th Class in Guru Harkishan Public School, situated at Hemkunt Colony, Nehru Place, New Delhi and their names still continue to be mentioned as the name of the parents of the petitioner in all records. However, the petitioner called respondents No.1 & 2 telephonically and even sent a number of letters to them but they did not take her with them.