KARTAR SINGH (MINOR) THROUGH GUARDIAN BACHAN SINGH vs SURJAN SINGH (DEAD) AND ORS.

The Supreme Court held that the intention to transfer a child from the family of birth to the adoptive family is essential under Section 11(vi) of the Hindu Adoption and Maintenance Act, 1956. The Court found that the ceremony of giving and taking had indeed occurred, affirming the single judge's conclusion that the adoption was valid and intended to effectuate a change of family. The Division Bench's contrary finding was overturned, establishing that customary law does not negate the formal adoption process when legal formalities are met.