DEBI PRASAD (DEAD) BY L.RS. vs TRIBENI DEVI AND ORS.

The Supreme Court held that under Hindu Law, the burden of proof lies on the person alleging adoption to establish both the factum and validity of the adoption, which requires a formal ceremony of giving and taking. The Court emphasized that while the absence of direct evidence can be a challenge, long-term recognition of an individual as an adopted son can create a presumption in favor of the validity of the adoption. The High Court's decision to reverse the trial court's decree was upheld, affirming that S was validly adopted by G despite the lack of satisfactory evidence of the actual adoption ceremony.