SHWETA GUPTA Vs. RAHUL KESHAV JADHAO & ANR

JUDGEMENT

(1.) These proceedings, under Article 226 of Constitution of India, have been instituted by the petitioner impeaching an order dated 03.07.2017 passed by the Special Judge (Prevention of Corruption), CBI Court No. 5, Lucknow, whereby the application preferred by the petitioner under section 9 of Hindu Adoptions and Maintenance Act, 1956 (for short 'Act,1956') has been rejected and the learned court below has refused to accord its permission as required under Section 9 of the Act, 1956 to give petitioner's minor child in adoption to respondent No. 1, whom the petitioner has re-married following annulment of her first marriage with respondent No. 3 vide judgment and decree dated 27.05.2015.

(2.) Heard Ms. Bulbul Godiyal, learned Senior Advocate, Amicus appointed by the Court, Sri Rohit Tripathi, learned counsel representing the petitioner and Sri O.P. Nag, learned counsel representing respondent no. 1.

(3.) This Court while entertaining this petition passed an order on 17.07.2017 permitting impleadment of respondent No. 3 and also directing issuance of notice to him. The Court further directed that respondent No. 3 shall be served through dasti notices as well, apart from usual mode of service. The office accordingly issued notice and has submitted a report that the notice to respondent No. 3 was issued on 21.07.2017 and was also booked by the post on 29.07.2017, however, un-served envelope has been received with remark of the postman, "refused to receive".