LILY KUTTY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) "every child has a right to love and be loved and to grow up in an atmosphere of love and affection and of moral and material security and this is possible only if the child is brought up in a family. The most congenial environment would, of course, be that of the family of his biological parents. But if for any reason it is not possible for the biological parents or other near relative to look after the child or the child is abandoned and it is either not possible to trace the parents or the parents are not willing to take care of the child, the next best alternative would be to find adoptive parents for the child so that the child can grow up under the loving care and attention of the adoptive parents. The adoptive parents would be the next best substitute for the biological parents. "

(2.) ADOPTION is recognised under the ancient Hindu Law and also under the Statute of Parliament. The ancient Hindu Law deals with adoption of a son. The purpose was twofold : the first was religious, to secure spiritual benefit to the adopter and his ancestors by having a son. He was supposed to offer - sapindas funeral cakes and libations of water to the manes of the adopter and his ancestors. The second was secular, to secure an heir and perpetuate the adopter's name. In Chandrasekhara v. Kulandaivelu, AIR 1963 SC 185, the Supreme Court of India, agreeing with earlier decisions of the Privy Council, has expressed an opinion that the validity of an adoption is to be determined by spiritual rather than temporal consideration. It was the view of the Supreme Court that devolution of property is only of secondary importance.

(3.) AGAIN under the ancient Hindu Law, the requirements of a valid adoption are :