Adoption -- Prior to the enactment of the Hindu Adoption and Maintenance Act, adoption of a son during the lifetime of a male issue was prohibited and the position continues to be so after the enactment of the Act - Where a son became an outcast or renounced Hindu religion, his father became entitled to adopt another - In case parties are governed by Mitakshara Law..........
Custom -- A custom to be valid must have four essential attributes - First, it must be immemorial; secondly, it must be reasonable; thirdly, it must have continued without interruption since its immemorial origin, and, fourthly, it must be certain in respect of its nature generally as well as in respect of the locality where it is alleged to obtain and the persons whom it..........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 11 -- Adoption - Of a male child above 15 years in the year 1960 - Adoption deed registered - High Court held that adoption is not valid as child adopted was more than 15 years of age at the time of adoption - Adoption claimed to be legal and proper as per custom prevalent in the area - There was no specific plea..........
