Pleading For Declaration Of Adoption - Legal Draft

Precedent No. 7 PLEADING FOR DECLARATION OF ADOPTION (Section 34,

Specific Relief Act, 1963)

1. That the plaintiff is the natural born son of 'RK' of. address.
2. That as no child was born to the defendant's husband even after 15

years of his marriage, he

despaired of having one born to him and yearned to perpetuate his line

by adopting a son to him.

1. That the defendant's husband having made requests to the

plaintiff's natural father for

giving the plaintiff in adoption to him, the plaintiffs father agreed to

the proposal and accordingly the

plaintiffs father on gave the plaintiff in adoption to the defendant's

husband who took him in

adoption after performing the adoption rites of giving and taking and

Datta hommam.

1. That since then the plaintiff became the adopted son of the

defendant's husband and was brought-upin his family severing all

connections with his natural family. The defendant's husband educated

theplaintiff and gave him in marriage in due course.

1. That the defendant's husband died on whereupon the plaintiff

performed his Sudhi-Kriya.

On the death of the plaintiffs father the plaintiff and the defendant

have succeeded to his estate as the next heirs and have been in

possession thereof.

1. That on the ill advice of some village touts, the defendant

challenged the plaintiffs status as anadopted son and filed objections

to the plaintiffs application for mutating his name in place of his

adoptivefather in proceedings before the Revenue Court. The Revenue

Court being unable to decide if the plaintiffis the adopted son of the

defendant's husband directed the plaintiff to obtain a declaration from

the CivilCourt as to his status and so the plaintiff has been compelled

to institute this suit.

1. That the cause of action for the suit arose on when the defendant

challenged the plaintiffs

status as an adopted son within the jurisdiction of this Court. The

declaration sought for is valued Rs. 200and fixed Court-fee of

Rs is paid under Article 3 A, Schedule 1 of the Court-fees Act, 1870.

Court Fees Act:—Sch. 1, Articles 3A(iii).

Reliefs Sought

(i) Let it be declared that the plaintiff is the adopted son of.

(ii) The cost of the suit be decreed in favour of the plaintiff.

Limitation: Article 53: Three years: From when the right to sue first

accrues. In terms of section 34 of Specific Relief Act, 1963, if any

relief is due to the favour of plaintiff other than mere declaration of

status, like in the nature of 'partition' or of "possession" or whatever

such other relief should also be claimed by the plaintiff.