Baski Choudhry And Others vs Kaushalya Devi And Others
2026 Latest Caselaw 432 Jhar

Jharkhand High Court

Baski Choudhry And Others vs Kaushalya Devi And Others on 27 January, 2026

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

        IN THE HIGH COURT OF JHARKHAND AT RANCHI

                    Second Appeal No. 144 of 2023

   Baski Choudhry and Others                           ...     ...      Appellants
                                  Versus
   Kaushalya Devi and Others                           ...     ...     Respondents

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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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     For the Appellants      : Mr. A. K. Sahani, Advocate
     For the Respondents     :
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     th
08/27 January 2026

1. Learned counsel for the appellants has submitted that the suit was filed challenging the registered deed of adoption of defendant no. 3 (Exhibit-1). The learned counsel has referred to the findings recorded by the learned trial court as well as the learned 1st appellate court with regard to core issue which was relating to issue nos. V and VI as decided by the learned trial court. The learned counsel has submitted that the findings of the learned trial court and the learned 1st appellate court is almost the same and even the grammatical errors in both the judgments are same.

2. The learned counsel submits that the specific case of the plaintiffs was that no ritual of giving and taking of the adopted daughter was performed and though the registered deed of adoption carries presumption in the eyes of law and once it is denied that no ritual was performed and she did not even live with the adopted father, it was for the defendants to prove the adoption by cogent evidence, which the defendants have failed to prove.

3. This appeal is admitted for final hearing on the following substantial questions of law: -

I. Whether in absence of pleading and/or proof of observing any ceremony of taking and giving in adoption by the appellant no. 1, the learned courts below are justified in relying upon the story of adoption?

II. Whether the onus to prove valid adoption shifted to the defendants, who failed to prove the same by adducing proper evidence and as such the impugned judgments are vitiated in law?

4. Issue notice to the respondents through the concerned police station, for which requisite be filed within a period of one week.

5. Let the records be called for from the concerned courts.

6. Post this case on 26.02.2025.

7. Let a copy of this order be communicated to the concerned court through 'e-mail/FAX'.

(Anubha Rawat Choudhary, J.) Mukul/-