Adoption -- Ceremony of Giving and Taking Not Recited in Deed -- Adoption deed silent on mandatory ceremony rightly cancelled
(i) Hindu Adoptions and Maintenance Act, 1956, S.16 -- Adoption -- Ceremony of Giving and Taking Essential to Validity -- The ceremony of giving and taking of the child is not a mere formality but constitutes the essence and soul of a valid adoption. Unless the factum of such ceremony is established by cogent and convincing evidence, an adoption cannot be recognised in law merely on the strength of an executed document. (ii) Hindu Adoptions and Maintenance Act, 1956, S.16 -- Adoption -- Deed Silent on Mandatory Ceremony -- An adoption deed that is silent on the essential customs and rituals indispensable to confer legitimacy on an adoption under Hindu law, and contains no recital of the ceremony of giving and taking, does not establish a valid adoption, particularly where the child continued to remain in the care, custody and upbringing of his biological parents.
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