P RAMASWAMI Vs. K SURYA PRAKASA RAO

JUDGEMENT

(1.) Mr.M.S. Ramachandra Rao, relies upon a decision reported in G.Rama Rao alias Vadaga Rama Rao vs. Vadaga Atchayamma interpreting the provisions of the Hindu Adoptions and Maintenance Act and contends that where the natural father of the adopted child did not speak about the giving and taking, merely relying upon registered document and adoption is not proved as a valid adoption. On this ground be prays that the C.R.P. should be admitted as the Court committed a mistake. A perusal of the decision reported in G.Rama Rao alias Vadaga Ramarao vs. Vadaga Atchayamma contains the following passage.

(2.) With utmost respect to the learned Judge I have to point out that the above quoted passage overlooks the statutory provision of Sec.16 of the Hindu Adoptions and Maintenance Act. Section 16 of the Act contemplates a statutory presumption.The wording of Sec.16 is very significant. Whenever any document registered under any law for the time being in force is produced before any Court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved.

(3.) In the decision relied on by the learned counsel for the petitioner, his Lordship did not give significance to the words in the statute that "Whenever a registered document of adoption is produced, the Court shall presume that the adoption has been made in compliance with the provisions of the Act." I am of the humble opinion that the law laid down in that decision is not a correct interpretation of Section16 of the Hindu Adoptions and Maintenance Act. It is contrary to the provisions of the statute. In this view of the matter, the present C.R.P. is deviod of merits and it is accordingly dismissed.