Case Note & Summary
The petitioner, originally the biological son of Shankar Ramu Pawar, was given in adoption to Lalu Shivram Jadhav and his wife on 18.04.2022 through a registered adoption deed. The adoption ceremony was claimed to have taken place in 2005 when the petitioner was 10 years old. Subsequently, due to a quarrel, the adoptive parents denied his status, leading the petitioner to file Regular Civil Suit No. 725 of 2022 for a declaration of adoption. The suit was compromised and a decree was passed by the National Lok Adalat on 07.05.2022. Based on the adoption deed and the compromise decree, the Tahsildar issued a Certificate of Earthquake Affected Person on 30.08.2022, enabling the petitioner to apply for a post reserved for Earthquake Affected Persons. The petitioner applied for the post of Police Constable (Armed) under the Maharashtra Police recruitment, cleared all stages including physical test, written test, document verification, and medical examination, and was selected. However, on 06.06.2024, the Tahsildar, after conducting a hearing, cancelled the certificate citing that the adoption was invalid as the petitioner was over 15 years at the time of adoption, contrary to Section 10(iv) of the Hindu Adoption and Maintenance Act, 1956. The petitioner challenged the cancellation and also the Collector's circular dated 31.05.2023 which laid down guidelines for issuing such certificates. The court found that the Tahsildar had no jurisdiction to review or cancel the certificate based on a civil court decree. The Collector's circular could not override the statutory provisions of the Hindu Adoption and Maintenance Act, 1956. The court quashed the impugned order and circular, directing the respondents to issue the appointment order to the petitioner.
Headnote
A) Adoption - Validity of Adoption Deed - Section 10(iv) Hindu Adoption and Maintenance Act, 1956 - Age Limit - The court examined whether an adoption deed executed when the child was over 15 years is valid under Section 10(iv) of the Act, which prohibits adoption of a child above 15 years unless custom permits. The court noted that the adoption deed claimed the child was 10 years old at the time of adoption, but the respondent argued he was over 27. The court did not finally decide this issue as it was not necessary for the present petition. (Paras 11-12) B) Jurisdiction - Power of Tahsildar to Cancel Certificate - Circular dated 31.05.2023 - The court held that the Tahsildar has no authority to review or cancel a certificate issued on the basis of a valid adoption deed and a compromise decree passed by a civil court. The Collector's circular cannot override the provisions of the Hindu Adoption and Maintenance Act, 1956. (Paras 6-9) C) Civil Court Decree - Binding Nature - Compromise Decree - The court held that a compromise decree passed by a civil court is binding on the parties and cannot be ignored by revenue authorities. The Tahsildar cannot sit in appeal over the decree. (Paras 7-9)
Issue of Consideration
Whether the Tahsildar has the authority to cancel a Certificate of Earthquake Affected Person granted on the basis of a registered adoption deed and a compromise decree passed by a civil court, and whether the Collector's circular can override the provisions of the Hindu Adoption and Maintenance Act, 1956.
Final Decision
The court allowed the petition, quashed the impugned order dated 06.06.2024 and the circular dated 31.05.2023, and directed respondent No. 4 to issue appointment order to the petitioner as per his selection.
Law Points
- Adoption under Hindu Adoption and Maintenance Act
- 1956
- Validity of adoption deed
- Compromise decree
- Authority of revenue officers to review civil court decrees
- Circulars overriding statutory provisions
