SHRIRAM MANIK PATIL Vs. SOJABAI MANIK PATIL

JUDGEMENT

(1.) The point that is referred to the Full Bench is as follows:--

(2.) We, however, find, on examining the pleadings by the parties, that the appellant-defendant has nowhere pleaded in the written statement that there is a custom in the area to which he belongs or in the community to which he belongs or the family from which he hails. The Hindu Adoptions and Maintenance Act, 1956, lays down certain conditions for a valid adoption amongst the Hindus. Section 4 of that Section lays down that:--

(3.) In the face of this positive statement in the Hindu Adoptions and Maintenance Act, the adoption of the appellant, even if the facts were to be held true, was void, as a person who has completed fifteen years of age could not be adopted as per these provisions. If it could be proved or if it could be shown that there is a custom to the contrary, and a boy or a girl who has completed the age of fifteen years could be adopted by way of custom of the community or the party etc., then the party could claim to be validlv adopted.