DHANRAJ Vs. SURAJ BAI

JUDGEMENT

(1.) In this appeal filed by certificate of the Rajasthan High Court we are concerned with the question of the legality and validity of the adoption of the appellant by the husband of the respondent. Amichand, respondent's husband, adapted the appellant with the consent of the respondent an the 18th November, 1959 and executed a registered deed evidencing the fact of adoption. The appellant at that time was 21 years of age. Both his natural father and mother were dead. He had a step-mother Bhuri Bai with whom the appellant was residing at the time of the impugned adoption.

(2.) Several issues were framed including an issue regarding the custom as pleaded. Issue No. 1-A by agreement of the parties without the adducing of any evidence was tried as a preliminary issue by the trial Court. The said issue runs as follows :

(3.) The only point, therefore, which falls for determination in this appeal is whether the step-mother was competent to give the appellant in adoption. If not, whether the adoption is void