NIRDESH DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is preferred by the writ petitioner assailing the judgment dtd. 23/8/2022, whereby her writ petition has been dismissed.

(2.) Brief facts, which need to be noticed, are that the appellant - writ petitioner is the widow of late Sepoy Shri Ramesh Kumar of Jat Regiment, who suffered battle causality on 25/2/2000. As the appellant had been recently married to Shri Ramesh Kumar on 5/2/1999, there was no child, born from their wedlock. Being issueless and facing societal difficulties, she adopted two children, namely, Nikhil and Nancy, of the elder brother of her husband, who was having two more children besides the above named children, adopted by the appellant. An adoption deed was also registered on 5/10/2013. As per the provisions of the Government of India instructions, the concession for educational scholarship is provided to the children of Armed Forces/ Personnel Below Officer Rank (PBOR) killed/ permanently disabled in action, who are studying in various educational institutions. They are granted the preference in Sainik schools/ Army schools for admission. The adopted children of the appellant were also, therefore, entitled to receive the said benefit and the prayer to this effect was made by her to the Army Authorities. The representation was forwarded by the Zila Sainik Board to the Records officer, JAT Regiment. The appellant received an order on 6/2/2014, whereby her prayer was rejected on the basis of the letter issued by the Ministry of Defence (Army) dtd. 28/8/2002 which reflected that only the living Ex-servicemen and serving persons are eligible to adopt a child. At the same time, the appellant received another order dtd. 2/7/2014 declining her request for publication of Part-II order for adoption of the children on the ground that adoption was not to be recognized after the demise of the soldier or an Ex-serviceman. The appellant challenged the said action which was non-suited by learned Single Judge.

(3.) Learned counsel appearing for the appellant submits that in terms of Sec. 8 (c) of the Hindu Adoption and Maintenance Act, 1956, a widow is entitled to take a son or daughter in adoption even after her husband is dead and the validity and legality of such an adoption, which has acquired sanctity in terms of the Hindu Adoption and Maintenance Act, on account of the deed executed for this purpose having been duly registered, cannot be gone into to deny the benefits to the children adopted by the widow, who has all the rights which may ensue from her husband to her and to her children as well. The condition, which has been laid down by the respondents in rejecting the claim of the appellant has, therefore, been assailed before us.