Cancellation of adoption deed
Querist :
Anonymous
(Querist) 12 September 2011
This query is : Resolved
hello sir.dis is preet.i was adopted by my aunty means my father's sister in 2002.she lives in america.after adopting me,she went back to america.so thats why my passport was made with her name instead by my natural parents.bt now its been 9 years nd she doesnt look back at me.and since 9 years i am living with ma natural parents.so we filed a petition in court to cancell the adoption deed nd so did the court.i hav court's order to cancell the adoption deed.and now i got married in 2010.so i want that ma passport should be renamed with ma natural parents and my husband's name.but the problem is that people from passport do not agree with cancelation of adoption deed.they are saying that adoption deed can never b cancelled.so sir plz help me by telling that wat should i do?in which circumstances adoption deed cannot be canceled?plz help me......
prabhakar singh
(Expert) 12 September 2011
Show them the decree of court along with an application stating all facts chronologically
and if they still deny file a writ petition in high court against them mandating them to do so.
Querist :
Anonymous
(Querist) 12 September 2011
thank u soo much sir.i was so upset.and your answer has increased my confidence.now im fully confident about my case.thank u so much.
Querist :
Anonymous
(Querist) 12 September 2011
sir can u plz tell me wat r the provision in our law to cancell the adoption deed?so i can prove them that the cancellation of my adoption deed is according to the law.
prabhakar singh
(Expert) 12 September 2011
my earlier answer was based on your statement that you have cancellation decree in your favor passed by court,if you have no decree,i have not given any answer.
prabhakar singh
(Expert) 12 September 2011
If you have decree they are bound to believe it.If they ignore the decree writ is your remedy.You do not need to argue with them about law, decree passed would be on basis of suit filed by you in which all grounds of cancellation must have been stated.So there is no Question before you to learn how and on what grounds an adoption deed can be cancelled,all grounds must be there in your plaint.
prabhakar singh
(Expert) 12 September 2011
If you do not have a copy of plaint apply for one from court which passed the decree.Read the plaint all grounds taken in your case would be clear to you.It is not a matter to be speculated ,nor can grounds be framed with in limited scope of facts without conferencing the party personally.
R.Ramachandran
(Expert) 12 September 2011
You have to indicate the following details before an appropriate answer could be given. Do not leave any point unaswered.
(1) Year of your birth
(2) Whether your Aunt was married at the time when she adopted you?
(3) If she was married, what about her husband?
(4) Whether your aunt was having any daughter when you were being adopted?
(5) Whether any Adoption Document was executed and registered?
On receipt of the above information, I shall try to provide you my view.
R.Ramachandran
(Expert) 12 September 2011
You also please indicate which Court passed the Adoption Cancellation order.
Raj Kumar Makkad
(Expert) 12 September 2011
Cancellation means cancellation and decree of court is a public document and all public offices are bound to follow the verdict of the court. In case any officer do not obey decree of court, serve him through legal notice and then you may either go to HC or even may trap such officer under contempt of court.
Querist :
Anonymous
(Querist) 12 September 2011
(1)my birth year is 1987.
(2)my aunt was divorcee when she adopted me.
(4)no my aunt has not any daughter.she has a son.
(5)yes my adoption documents were executed nd registered.
Querist :
Anonymous
(Querist) 12 September 2011
the lower court has ordered to cancel the deed.
R.Ramachandran
(Expert) 12 September 2011
From the facts narrated by you, yours is a very valid adoption. One thing which is to be satisfied (which is not possible because of non-availability of exact date of birth and exact date of execution of adoption deed) is that you should not have been of more than 15 years of age (unless your custom and usage in your community permitting adoption of a person above 15 years).
According to Section 15 of the Hindu Adoption and Maintenance Act, 1956, an adoption which has been validly made cannot be cancelled by any one - whether by adoptive father/mother or any other person. Even the adopted child cannot renounce his or her status and cannot return to the family of his or her birth.
This being the legal position, it is not clear on what grounds and basis that you obtained an order from the lower court cancelling the adoption deed.
You have to throw more light on the court order. If possible, removing the names wherever it appear in the court order, please paste the court order, so that one can go through, understand and then comment.
Querist :
Anonymous
(Querist) 12 September 2011
sir i guess i made a mistake.the court has mentioned dat the addoption was alleged,void nd has no effect on my legal status.so wat does it mean?it means my adoption was not valid?
R.Ramachandran
(Expert) 12 September 2011
You may keep on guessing. It will have no effect on me. I can apprise you of the exact position, if you can, as mentioned in my earlier reply, paste the complete order of the Court (after removing the names). Otherwise, I am off and i will be of no help.
Querist :
Anonymous
(Querist) 12 September 2011
alrit sir.i ill send you complete order of court in the morning.wat were will i send these details?
