(Hindu Adoption and Maintenance Act, 1956, Section 6 thereof permits adoption by a Hindu of a Hindu child alone. Law does not recognize an adoption by a Hindu of any person other than a Hindu.)

Bench:

N P Singh

Issue:

Can the adoption of a Muslim be made under the Hindu Adoption and Maintenance Act, 1956?

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Facts:

• The petitioner Kumar Sursen, who was then a minor, requested the issuance of a caste certificate and residential certificate by this Court on the ground that he was the adopted son of Kamal Prasad Roy and resided with him in the village of Madarpur in the Vaishali district. The district authorities rejected this on the ground that the petitioner was a Muslim boy named Sahadat and was the natural son of Majid Mian and Ayesha Khatoon of Gadaisarai village in Vaishali district. The petitioner argued that Kamal Prasad Roy had been adopted for adoption. This reality is not disputed by the said Kamal Prasad Roy and asserted by his actions and otherwise that he had adopted the said Muslim boy at a very tender age and held him as his son. He wanted this child, therefore, to have his caste and residential certificates.

• A counter-affidavit had been filed and a rejoinder had been filed where these underlying facts are not in question. This application with the consent of the parties was disposed of at the admission point itself.

Judgment:

When considering all the matters in-depth, the court noted that Section 6 of the Hindu Adoption and Maintenance Act, 1956, permits the adoption of a Hindu child alone by a Hindu. The law does not accept the adoption of any person other than a Hindu by a Hindu. In this writ application, the court found no substance.  it was dismissed, granting the petitioner or his alleged adoptive parents liberty to approach the grant of the appropriate certificate accordingly.

Relevant Paragraphs:

Section 6 allows the adoption of a Hindu child alone, under the Hindu Adoption and Maintenance Act, 1956. The law does not accept the adoption of any person other than a Hindu by a Hindu. This petition was not opposed in court by the learned counsel for the petitioner. If that is so, the adoption, as Kamal Prasad Roy tried to do concerning the applicant, does not have any legal sanctity, although it may be morally binding between the parties. If that is true, then, sadly, the boy will not get his supposed adoptive parents' caste certificate. Same way,   He was unable to receive a residential certificate and both were unable to be released on his behalf, showing him the son of Kamal Prasad Roy. However, the changing the name is acceptable and that the boy's name had been changed and there is no opposition from his natural parents, the name can continue, and as far as the residence was concerned, it can be shown as Kamal Prasad Roy's residence, but not as Kamal Prasad Roy's son, but as the natural parents' son.