Revocation of adoption deed

obviously, you can get it revoke through court, consult local lawyer and get it done.........

Can you please help me with section and clauses because it will help to me

Approach a very able local senior counsel of unshakable repute and integrity specializing in such/civil matters, and show/discuss the irrefutable evidence of said consent under force for a considered opinion..

 

 

The recourse is to get the adoption declared void by a competent court and secure a decree cancelling the  adoption deed.

properly answered by Mr Kumar Doab

Adoption deed can't be revoked.you have to approach civil court for cancellation of adoption deed and for declaration the same null and void.

How can I proceed because it is so well planned done by my husband and sister in law (nanad) My son is being legally adopted by my sister in law and after that a divorce is filed in mutual consent and both the things are done within a week span of time but actually mutual divorce stand null and void if we both are residing together as per my understanding

How can I proceed because it is so well planned done by my husband and sister in law (nanad) My son is being legally adopted by my sister in law and after that a divorce is filed in mutual consent and both the things are done within a week span of time but actually mutual divorce stand null and void if we both are residing together as per my understanding

Originally posted by : Dolly
	How can I proceed because it is so well planned done by my husband and sister in law (nanad) My son is being legally adopted by my sister in law and after that a divorce is filed in mutual consent and both the things are done within a week span of time but actually mutual divorce stand null and void if we both are residing together as per my understanding

 

If the act of adoption was under force, fraud then act against it and build some record.

 

Approach a very able local senior counsel of unshakable repute and integrity specializing in such/civil matters, and show/discuss the irrefutable evidence of said consent under force for a considered opinion...............................and share all of your inputs and discuss.  

 

THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

CHAPTER II

ADOPTION 5. Adoptions to be regulated by this Chapter- (1) No adoption shall be made after the commencement of this Act by or to a Hindu except in accordance with the provisions contained in this Chapter, and any adoption made in contravention of the said provisions shall be void.

 

7. Capacity of a male Hindu to take in adoption- Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption. Provided that, if he has a wife living, he shall not adopt except with the consent of his wife

9. Persons capable of giving in adoption- (1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption. (2) Subject to the provisions of sub-section (3) and sub-section (4), the father, if alive, shall alone have the right to give in adoption, but such right shall not be exercised save with the consent of the mother

 

15. Valid adoption not to be cancelled- No adoption which had been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth. 16. Presumption as to registered documents relating to adoptionWhenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved.

ttp://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf

 

 

A suit can be filed to obtain a declaration that an alleged adoption is invalid, or never, in fact, took place.

It is felt that Such a suit can be filed within three years from the date when the alleged adoption becomes known to the plaintiff.

 

In your specific case, you are alleging that your consent was under force,fraud...............and you may avoid delay in acting .........

Supreme Court of India

Ghisalal vs Dhapubai (D) By Lrs 

https://indiankanoon.org/doc/1460063/

 

 

………………. such a consent cannot be presumed merely by presence at the time of adoption and the wife’s silence or lack of protest on her part cannot give rise to an inference that she has consented to adoption.

 

………… while dealing with the aspect of consent of the wife, it has been observed that it may be either in writing or reflected by an affirmative or positive act voluntarily and willingly done by her.

Rest local counsel can guide you the best and you may preferably act under advise of your own counsel.

In case you have issues with finance.............approach Free Legal Aid society that might be within local courts complex.

 

 

Thank u kumar doab ji but how can i proof that it was forcefully done because few things like mental harassment, putting aligation on someone verbally can only be proof through recoding why any of his family member will help me in this infact they have manipulated things in such a manner that it's shows that I have done it will fully. The only thing is that in this entire process my family members where not present and also where not aware of the fact. I was completely isolated from d outside world confined within the boundaries of my in-laws house I hardly visited any place during my stay at my husband place. Except for doctor visit neither I was having a mobile through which I can talk and even given was under tracking by my husband