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november 1995

Supreme Court of India · 1995-11-16

SMT. CHANDAN BILASINI (DEAD) BY LR. vs AFTABUDDIN KHAN & ORS.

Citation / case number
SC 1977/61745
Court
Supreme Court of India
Petitioner
SMT. CHANDAN BILASINI (DEAD) BY LR.
Respondent
AFTABUDDIN KHAN & ORS.
Author
MANOHAR SUJATA V.
Bench
MANOHAR SUJATA V.

Judgment text excerpt

The Supreme Court held that the adoption of Amaresh Sarkar by Chandan Bilasini Dasi was valid under the Hindu Adoptions and Maintenance Act, 1956, despite the absence of the natural parents' countersignature on the adoption deed. The Court emphasized that the presence of witnesses and the performance of the adoption ceremony were sufficient to establish the validity of the adoption. The Division Bench's adverse inference regarding the absence of the adoptive mother in court was deemed inappropriate given her advanced age and the corroborative evidence presented.

SMT. CHANDAN BILASINI (DEAD) BY LR. vs AFTABUDDIN KHAN & ORS. · Niyam