Adoption can be valid only with proof of ceremony: SC

Adoption of a child by a Hindu couple can be declared as valid only if there is a proof of such a ceremony and a valid consent of the wife, the Supreme Court has declared.

A bench of Justices L Nageswara Rao and Deepak Gupta pointed out that there were two important conditions under Sections 7 and 11 of the Hindu Adoptions and Maintenance Act, 1956 which are the consent of the wife before a male Hindu adopted a child, and proof of the ceremony of actual giving and taking of the child in adoption.

The top court declined to interfere with a judgement of the Andhra Pradesh High Court which had dismissed a plea by M Vanaja for a declaration that she was the adopted daughter of M Sarala Devi and Late Narasimhulu Naidu S.

Vanaja here contended her parents had died early. She was brought by her grandmother and given to Sarala Devi and her husband, who took care of her. Sarala and her husband were recorded as her parents in school and college records. On this basis, she sought partition of the properties belonging to Naidu, Sarala's husband.

The court, however, said the appellant had failed to prove that she has been adopted by the Sarala Devi and her husband Naidu, as she admitted that she did not have the proof of the ceremony of adoption. Besides, Sarala, who was the adoptive mother, has categorically said that the appellant was never adopted though she was merely brought up by her and her husband.

The appellant's grandmother also deposed that she was given to Sarala and her husband for bringing her up and was not adopted by them.