Kamla Rani (Mrs.) vs. Ram Lalit Rai @ Lalak Rai thr. LR’s. & Anr. – (SC)

Hindu Adoption & Maintenance Act, 1956–Sec. 11(vi)–Evidence Act, 1872–Sec. 114–Presumption of adoption–Admitted fact that the appellant was treated as the adopted daughter of S for a long time–Factum of adoption and it’s validity has to be proved by the formal ceremony of giving and taking, is an essential ingredient for a valid adoption–However, long duration of time during which a person is treated as adopted, cannot be ignored and by itself may in the circumstances carry a presumption in favour of adoption –High Court was not justified in reversing the findings on the ground that actual
giving and taking in adoption was a mandatory requirement, which was not proved in the instant case.