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IN THE FAMILY COURT OF

JUDICATURE FOR RAJASTHAN AT
JODHPUR

IN MATTER OF

LAXMI NARAIN PANT

V.S

ROSHAN ORPHANAGE

MEMORANDUM ON BEHALF OF PETITIONER DRAWN AND FILED

BY THE COUNSEL FOR THE PETITIONER

Adv. Vineet Shekhawat

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Table of content

• Abbreviation

• Statement of jurisdiction

• Facts

• Grounds

• Prayers

• Memorandum of the respondent

• Deed of adoption

• Marriage certificate

• Articles and sections

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Abbreviation

b/w Between

Hon`ble Honorable

Vs. Versus

J. Justice

Nos/no. Numbers

& and

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In the family court of judicature for

Rajasthan at Jodhpur

Original case no……………………9/8 of 2016

Petitioner
Laxmi Narain Pant

V.

Defendant

Roshan Orphanage

The petition to the hon’ble court of family Courtlies

under section 19 of the Hindu Marriage Act of 1955.

The matter is bought before the court challenging

section 15 and section 11 of Hindu Adoption and
Maintenance Act of 1956 on the ground of article 21
of the constitution of India.

To the hon’ble judge of the aforesaid hon’ble court

May it please your lordship, the petitioner want to

state the following facts:-

1.That the petitioner are citizen of India and lives

in India.

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2.That the petitioner Mr. Laxmi Narain Pant on 5th

April, 2004 got married to Miss Sunita Dixit
according to Hindu rites and rituals.

3.That after lapse of many years, no issue was born

to the Mr. Laxmi Narain Pant and Sunita Dixit.

4.That on 5th January, 2015 the couple adopted a 45

days boy, from a registered orphanage named “Roshan
Orphanage” for fulfilling the purpose of succession
and also with the intention of having spiritual
benefits and the continuation of Family.

5.That after lapse of 1 year and 3 months, in April

2016 the couple came to know about the mental
abnormalities of the child from their doctor.

6.That since the boy adopted is not in a condition of

fulfilling the requirements for which he was
adopted the couple after a long thought have filed
this petition before this court.

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Grounds:-

1.The present petition is bought before the hon’ble

court challenging the section 15 of the Hindu
Adoption and Maintainable act 1946. The Hindus
have regarded a sonship as important as marriage.
A son is basically adopted with the desire of
spiritual benefits and continuation of family
i.e. to say to secure performance of one’s
funeral rites and to preserve the continuance of
one’s lineage. If any of the aforesaid desires
are not fulfilled then what is the basis of
giving right to adopt. In the present case the
family adopted the Boy for the following three
purposes:-

a)For succession of parental property,

b)For performance of funeral rites, and
c)For continuance of family.

But as it is clear from the medical report that

the child is not having a good mental condition,
he is incompetent of fulfilling any of the three
desires with which he was adopted. Moreover the
mental illness of the boy is not of cure-able
nature. And hence we desire for the revocation of
adoption.

2.The section 15 and section 11(i) of the Hindu

adoption and maintenance act of 1956 is violative
of Article 21 of the constitution i.e. protection
of life and personal liberty. The said sections
although have secured the rights of the child

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adopted but have bared the right of parents in

certain cases. It’s a normal human tendency to
think of his future generations, the human is
motivated with the mere thought of his upcoming
generation, and we all can feel the loss he go
through when he get to know that there could be
no family lineage after his death to carry on his
name. In the present case also the boy who is
adopted would never be in a condition of marring
any girl and hence we all could see the pain of
the adoptive parents which is caused by
shattering dreams. The section 15 and section
11(i) of the Hindu Adoption and Maintenance Act
of 1956 is adding fuel to the fire. The section
clearly states that in no condition can an
adoption made be revocable and also there states
section 11(i) that a person cannot adopt another
child. Both these sections combiningly violates
Article 21 of the Indian Constitution. The
Article 21 gives a fundamental right of life and
personal liberty to every citizen of India.

In the very famous case of Kharak Singh v.

State of U.P:-

It was held that the expression ‘LIFE’ is not

limited to bodily restraint or confinement to
prison only but something more than mere animal
existence.

The desire of the human to leave his name behind

him alive is also included in the term life of
article 21. Section 15 and section 11(i), both
banning to either revoke an adoption or to take
another child of the same sex in adoption in any
circumstances.

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3.The sections are also violative of the principles

of natural justice. Banning the revocation of
adoption combined with no second adoption clearly
violates the principle of natural justice which
intend to invest law with fairness and to secure
justice.

Both the sections are in the favour of the

adoptive child but to some extend violates the
rights of the adoptive parents. And the natural
justice principle is to secure the rights of all
the humans and not a group of humans.

The jury deciding the case is human, the advocating

counsel are human, the parties to the case are human
and the audience witnessing the arguments are human
also the people who made law relating to adoption are
also human and its tendency of human to make
mistakes. The mistake which was made in the act of
1956 should be corrected by giving a passage to the
extremely challenged cases such as this by amending
either of the sections of the act i.e. section 11(i)
or section 15. It’s easy for Emphatics feel the pain
of others and do right but when sympathetic can see
the exact pain and do right it’s called justice which
we demand from this court.

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Prayers:-

Therefore in the light of facts stated, questions

presented, issues raised, arguments advanced it is
most humbly prayed before this Hon’ble Supreme Court
that it may be pleased to:

• The petitioner should be allowed for revocation

of the said adoption by amending the section 15
of the Hindu Adoption and Maintenance act 1956 as
it is immaterial to held on a relation which is
not performed heartly and moreover the desire
with which the adoption was made is not
fulfilling also it is violative of Article 21 of
the constitution.

• As an alternative remedy the petitioner seeks

amendment in section 11. The petitioner is ready
to maintain the child adopted as his own child
but wants to adopt another male child for
fulfilment of his desires.

• Any other remedy the court may think fit.

From the office of

Legal nexus

Counsel for Petitioner

Advocate Vineet Shekhawat

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DEED OF ADOPTION
THIS DEED OF ADOPTION is made and entered at JODHPUR on this 5 th January
2015 between Mr. and Mrs. Laxmi Narain Pant and Roshan Orphanage,
residing at jodhpur, India.

Whereas

1. The said Mr. and Mrs. Laxmi Narain Pant were married on 5 th april 2004
and even after a lapse of so many years do not have any issue and have
no expectation of having a issue.
2. The adoptive father and wife want to adopt a child as their
son/daughter.
3. The adoptive father with the consent of his wife, has approached the
Orphanage for giving in adoption one of its child named RAHUL.

Declaration

The parties hereto do hereby declare that the adoptive father has duly
adopted the said child as his son from the day of 5 th January 2015. i.e. the day
on which the ceremony of giving and taking in adoption has been duly
performed along with other religious ceremonies customary with the parties.

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Marriage certificate
Under the section 8 of Hindu marriage act 1955

This is to certify that Shri…………………………………………………… Son

of Shri………………………………………………………… residing at
………………………………………………………………… and …………………………………………………………
daughter of Shri ………………………………………………………… residing at
…………………………………………………………………… have furnished the
particulars of the memorandum declaring that their
marriage has been solemnised on ………………………… at
……………………………………………………… and that the same has been
registered this day ……………… of ……………………… 20………… at
serial no. …………………… of volume …………… of register of
marriages maintained under Hindu Marriage Act 1955.

Date ………………………………………… signature

Place ……………………………………… registrar marriage

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ARTICLES AND SECTIONS REFERRED

1.Article 21 of the constitution:- PROTECTION OF

LIFE AND PERSONAL LIBERTY.

No person shall be deprived of his life or

personal liberty except according to procedure
established by law.

2.Section 15 of Hindu Adoption and Maintenance act

1956:- valid adoption not to be cancelled

No adoption which has been validly made can be

cancelled by the adoptive parents or any 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.

3.Section 11(i) of Hindu Adoption and Maintenance

Act 1956:- other condition in valid adoption:- in
every adoption, the following conditions mustbe
complied with:-

(i)if the adoption is of a son, the Adoptive

father mother by whom the adoption is made must
not have a Hindu son, son’s son or son’s son’s
son(whether by legitimate blood relationship or
by adoption) living at the time of adoption.

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