Showing : 31-40 of 271 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10-- Customary adoption - Custom of adoption of married sons in community of appellant, as contended by him not proved - Lots of contradictions in evidence of witnesses on all material aspects of adoption on record - Appellant in fact failed to prove and plead factum of adoption, as he failed to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Pleadings - Adoption - Adoptee/defendant taken a specific plea that parties are governed by customary law and his adoptive father was competent to take him in adoption in accordance with law - Said plea was never controverted - Plaintiff failed to utter a single word regarding adoption when he..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10(iii), (iv)-- Customary adoption - Age and marital status of an adoptee under customary law is protected by S.10(iii), (iv) of the Act subject to applicability of custom and usage - Thus, under Customary law of Punjab as admitted by parties, custom was fully legal and valid...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 4, 10(iii), (iv)-- Customary adoption - Plea of fraud and undue influence - Not available to plaintiff who is stranger to adoption deed - Moreover, no evidence adduced by plaintiff to prove plea of fraud and undue influence - Plea rejected...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10(iii), (iv)-- Customary adoption - Adoption made as per customary law of Punjab, as admitted by parties - Custom was fully legal and valid - Even otherwise, as per registered adoption deed, adoption was also in accordance with the Act, as adoption made when adoptee was only 9 or 10 years of age - Adoption deed..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Challenge to adoption deed by natural guardians - Relief of custody of child prayed by natural guardian is a consequential relief to declaration sought by them to declare deed of adoption as null and void - It is civil Court and not Family Court under Family Court..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10(iv)-- Adoption - Validity - Plaintiff was more than 15 years when adoption took place as per his school admission register - School admission register is admissible in evidence, as entry in said register has a presumptive value with regard to age and entry - Description of age in heading of deposition..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10(iv)-- Adoption of child beyond the age of 15 years - Cannot be permitted - However, if there is custom or usage applicable to parties which permits person to be given in adoption even beyond the age 15 years, the same is valid...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 10(iv)-- Adoption of child beyond the age of 15 years - Permissibility - Child above age of 15 years was adopted by Jat family, as there is custom amongst Jat permitting adoption of son beyond the age of 15 years - Adoption deed is in writing and is duly registered - Even photographs of person adopting and..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Adoptions and Maintenance Act, 1956, Section 11(vi), Evidence Act, 1872, Section 114-- Adoption - Presumption - Factum of adoption and its validity to be duly proved - Formal ceremony of giving and taking is an essential ingredient for a valid adoption - But long duration of time during which a person is treated as adopted cannot be ignored and by itself may in circumstances carry a..........

Showing : 31-40 of 271 Results