LAKSHMAN SINGH KOTHARI vs SMT. RUP KANWAR

The Supreme Court held that for an adoption to be valid under Hindu Law, a formal ceremony of giving and taking is essential, applicable to both regenerate castes and Sudras. The Court clarified that while no specific form is mandated, the natural parent must hand over the child and the adoptive parent must receive him, with the possibility of delegating this act to a third party. In this case, since the natural father merely sent the boy with another person without a proper delegation or ceremony, the Court concluded that no valid adoption had occurred, thereby upholding the lower court's decision.