UDHAYABHANU Vs. RANGANAYAKI

JUDGEMENT

(1.) THE Civil Revision Petition has been filed to set aside the fair and final order passed in H. A. M. O. P. No. 443 of 2005, dated 26. 09. 2005, on the file of the Family court, Coimbatore, and to allow the above civil Revision Petition.

(2.) THE following are the allegations in brief found in the petition filed by the 2nd respondent : both the petitioners are husband and wife. Their marriage was held on 25. 08. 1952. They had no children. The Respondent is the sister's husband of the 2nd petitioner. His wife is Pushpavalli. Their marriage took place in 1968. They have three daughters. Among them, the first daughter is one Vijaya. She was born on 13. 03. 1970. The 2nd and 3rd children Maheswari and Sarada are living with their parents. Pushpavalli died on 27. 9. 1994. The petitioners decided to adopt the said Vijaya for which the respondent agreed. On 5. 7. 1970, the adoption took place. It was not for any consideration. The petitioners got the capacity to take Vijaya in adoption and in turn, she was also capable of being taken to adoption. The parties are hindus. The custom and usage furnished in the petitioners to take the child in adoption. The adoptive parents do not have any progenies. As per the Hindu Customs, rites and rituals, a 'homam' was performed for taking Vijaya in adoption. On 2. 6. 1997, the adoption deed was registered in gandhipuram Sub-Registrar Office at coimbatore. Since the adoption of Vijaya by this petitioners has to be regularised, this petition has been filed.

(3.) THE respondent remained ex-parte before the family Court. Both the petitioners were examined as P. W. 1 and P. W. 2. The adoption Deed, dated 2. 6. 1997, was also marked. The learned Judge of the Family court, Coimbatore has adverted to the facts of the case and finally concluded that the petitioners are entitled for the relief of regularisation of the adoption as pleaded in the petition.