1) SupremeCourt in the case of Dhanraj Vs. Surajbai, AIR 1975 SC 1103 wherein it
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was held that the physical act of giving and receiving was absolutely
necessary for the validity of an adoption under the law as it existed before
coming into force of the present Act, and the position under the Act is
identical. It is imperative that there should be some overt act to signify
delivery of the child from one family to another. However, mere expression
of consent, or the execution of the deed of adoption, though registered, but
not accompanied by actual giving and receiving, will not operate as a valid
2) The Supreme Court in the matter of Nilima Mukherjee vs.
Kantabhushan Kosh, AIR 2001 SC 2725 held that ‘in the absence of
documentary or other proof of an adoption, the ceremonies also not shown to
have been performed, the fact of such an adoption cannot be believed.