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Issues:
1. Validity of adoption and intention to transfer the adopted son from his natural family to the adoptive family. 2. Interpretation of the adoption deed and customary law in Punjab. 3. Relevance of giving and taking ceremony in adoption. 4. Impact of Hindu Adoptions and Maintenance Act, 1956 on customary adoption practices. Analysis: 1. The case involved a dispute arising from the adoption of the appellant by Maghi Singh, contested by the 1st respondent claiming a share in Maghi Singh's property. The Trial Court dismissed the suit, but the First Appellate Court found the giving and taking ceremony had not occurred, leading to the appeal. Justice Khanna confirmed the ceremony's occurrence, rejecting the argument against the intent of transferring the appellant. The Division Bench of the High Court held no evidence of intent to transfer and allowed the appeal, leading to the current appeal at the Supreme Court. 2. The adoption deed explicitly mentioned the giving and taking ceremony, Maghi Singh adopting the appellant as his son according to custom, making him the legal heir and representative, and transferring property rights. The court emphasized that customary law in Punjab recognized both formal and informal adoptions, with the intent to transfer the adopted son from the natural family to the adoptive family being a crucial factor. 3. The court highlighted the symbolic significance of the giving and taking ceremony in adoption, emphasizing its role in transplanting the adopted son from the birth family to the adoptive family. Reference was made to ancient texts on adoption, underlining the necessity of giving and receiving for a valid adoption, as it signifies the transfer of the child from one family to another. 4. With the enactment of the Hindu Adoptions and Maintenance Act, 1956, customary adoption practices were rendered obsolete. The court clarified that after the Act's implementation, customary adoptions no longer held validity, as the Act superseded any prior customary laws or practices related to adoption, emphasizing compliance with the formalities prescribed by the Act for a valid adoption. 5. The Division Bench's error lay in assuming Maghi Singh's intent was merely to appoint an heir based on custom, disregarding the clear references to adoption in the deed. The court emphasized that the intention to transfer the adopted son to the adoptive family was evident from the adoption deed and testimonies, concluding that the adoption was valid. The Division Bench's judgment was set aside, and the Single Judge's decision was restored, with costs awarded to the appellant.
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