BAINA NAIK Vs. DHRUBA CHARAN NAIK
HIGH COURT OF ORISSA
DHRUBA CHARAN NAIK
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(1.) PLAINTIFF No. 1 is the husband of plaintiff No. 2. Plaintiff No. 2 died during the pendency of this Revision. Their case was that defendant No. I was not their adopted son and they had adopted one Budha, son of Banchha. The registered deed of adoption (Exhibit C) purported to be executed by them was genuine. The case of the first defendant was that he had been adopted by the plaintiffs. The trial court decreed the suit holding that Budjia had been adopted by the plaintiffs, and that the first defendant was not adopted by them. The lower appellate Court reversed those findings and came to the conclusion that Budha was not the adopted son of the plaintiffs and that they had adopted the the first defendant. He however recorded a finding that the first defendant was more than fifteen vears old at the time of adoption. As such an adoption was contrary to law he remanded the case to give an opportunity to the first defendant to establish that there was a custom prevalent in his society to adopt boys who are more than fifteen vears old. It is against this order remanding the case the Civil Revision has been filed.
(2.) SECTION 10 of the Hindu Adoptions and Maintenance Act, 1956 lays down that no person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely. " (iv ). he or she has not completed the ase of fifteen vears, unless there is a custom or usage applicable to the parties which, permits persons who have completed the ase of fifteen years being taken in adoption. "
(3.) THE learned Subordinate Judge was therefore right in his analvsis of law that the adoption of the first defendant was contrary to law and was invalid.;
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