DHANRAJ JAIN Vs. SURAJ BAI

JUDGEMENT

(1.) THIS regular first appeal is directed against the judgment and decree of the learned Civil Judge. Sirohi, dated 9th September, 1966 decreeing the plaintiffs' suit for declaration that adoption of the appellant Dhanraj by Ami-chand was invalid. The appeal raises two points of law namely. (1) whether the step-mother is competent to give a person in adoption and (2) whether the adult person having no natural parents, can be taken in adoption.

(2.) IN order to appreciate the controversy raised in this appeal relevant facts which are not in dispute may be given. Both the parties are Porwal Jains and are the residents of Pindwara in the District of Sirohi formerly Sirohi State. Amichand. the plaintiff took Dhanraj. the defendant in adoption with the consent of his wife Smt. Surajbai on 18th November, 1959 and executed a registered deed evidencing the factum of adoption. At that time Dhanraj was twenty-one years old. He had no natural parents but had a step-mother Smt. Bhuribai with whom he was residing at the relevant Dhanraj was given In adoption by Smt. Bhuribai. his step-mother and Amichand took him in adoption. The recital of the fact of giving and taking ceremony, of course, finds place in the said registered adoption deed. In short, it is not in dispute that Dhanraj was given in adoption by his step-mother Smt. Bhuribai. Sometime after the adoption in question, the adoptive parents did not reconcile themselves with the behaviour of the defendant-appellant and they wanted to disown the adoption. They consequently brought a suit for a declaration impeaching the defendant-appellant's adoption on the various grounds out of which one ground was that Dhanraj having been given in adoption by his stepmother his adoption to the plaintiffs was invalid.

(3.) THE defendant resisted the plaintiffs' suit and contended in the written statement that his adoption was valid as the step-mother was competent to give him in adoption under the law. In all, six issues were raised on the pleadings of the parties out of which issue No. 1-A came to be framed on 27th April, 1966. Formerly, the case was fixed for the evidence of the parties but on account of the framing of issue No. 1-A on 27th April, 1966, this issue was taken as a preliminary issue. Counsel for both the parties expressed that they did not propose to lead evidence presumably on the ground that the issue was a legal issue. It is desirable to re-produce issue No. 1-A for ready reference :--"whether the adoption of Dhanrai Is invalid on the ground that he has been given in adoption by his step-mother Mst. Bhuri Bai".