SHARADA Vs. NIL

JUDGEMENT

(1.) Captioned petition is filed by the petitioners assailing the order of the Court below on petition filed under Sec. 8 and 9 of the Hindu Adoption and Maintenance Act, 1956 (for short "the Act") seeking permission to permit petitioner No.1 to act as guardian of petitioner No.2 and consequently permit petitioner No.1 to adopt petitioner No.2.

(2.) Facts leading to the case are as under: Petitioner No.1 is a retired government employee. She claims that she was working as a hostel warden in Karnataka Social Welfare Department. It is also stated in the petition that she lost her husband long back and has no issues in the wedlock. It is claimed that petitioner No.2 is a student and distant relative of petitioner No.1 and that petitioner No.2 has lost his parents during his childhood. It is further stated in the petition that the father of petitioner No.2 died in 2005 while mother died in 2008. Therefore, a petition came to be filed to appoint petitioner No.1 as a guardian of petitioner No.2 and consequently seeking permission to permit petitioner No.1 to adopt petitioner No.2.

(3.) The petitioners to substantiate their claim have tendered evidence by examining petitioner No.1 and four documents are produced in all. The petitioners claim that they belong to SC community and that there is a custom of taking child aged more than 15 years in adoption. The Court below has dismissed the petition on the ground that except a paper publication, the petitioners have not placed on record any cogent evidence regarding prevailing custom or usage indicating that parties have a custom of adopting person aged more than 15 years. Therefore, the learned Judge on the ground that no evidence is let in to substantiate their claim, has dismissed the petition. The said order is under challenge.