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Mere having a joint bank account would not prove adoption in

 

Mere having a joint bank account would not prove adoption in absence of any other cogent evidence.

 

This Court in Lakshman Singh Kothari versus Smt. Rup Kanwar [1962 (1) SCR 477], inter alia, held that there cannot be a valid adoption unless the adopted child is transferred from one family to another, the object being to secure due publicity. As appellant has taken the plea that she was adopted daughter of late Ramesh Chand Ganguly, she must discharge the burden of the factum of adoption and its validity.
The appellant did not come to the witness box and on her behalf her son PW 1 was examined. No document for adoption was produced before the court. The trial court has also noted that this witness had no personal knowledge about the fact of taking the appellant on adoption by late Ramesh Chand Ganguly. Another witness PW 2, who was a neighbour, was examined on behalf of the appellant to prove adoption. He also stated that he did not know anything about the alleged adoption.


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