BALKRISHNA RAGHUNATH GHARAT Vs. SADASHIV HIRU GHARAT

JUDGEMENT

(1.) Plaintiff's suit for a declaration that the adoption made by him of the Defendant-Respondent is void, having been dismissed by the lower Court and confirmed in appeal by the learned District Judge, Kolaba, he has come in second appeal.

(2.) The appeal does raise a somewhat important point of Hindu Law on which the authorities of this Court at least do not appear to be unanimous. The question as to whether the adoption of a boy over 15 years of age is void, or valid being sanctioned by custom, arises in this way: The Plaintiff who had taken the defendant in adoption on 12th February 1968 and got the adoption deed registered, alleged that according to the custom in' his community adoption of a boy more than ten years of age at the date of adoption is not valid. As the defendant was 22 years of age at the date of the alleged adoption the said adoption is ipso facto bad in law and not binding on the plaintiff.

(3.) The short answer made by the defendant was that they are the members of Somavanshi Kshatriya Community in Alibag Taluka which has its own association presided over by a president elected by the members of the community. At the time of adoption, permission of the President is required to be obtained and there is a long standing custom sanctioning the adoption of persons of any age.