- (1.)The revision application is directed against the order dated 23-4-92 passed by Sri P. Sengupta, District Judge, Nadia in Miscellaneous Case No. 39/91 and Miscellaneous Case No. 47/91 whereby and whereunder the said learned Court allowed the application for adoption filed by Sri Mungrej Ahuja and his wife (hereinafter referred to as 'Ahujas') (Miscellaneous Case No. 47/91) and dismissed the application of Sankar Das and Sandhya Das (hereinafter referred to as petitioners) in Miscellaneous Case No. 39/91 purported to be under Section 9 of the Hindu Adoptions and Maintenance Act (hereinafter referred to as the said Act).
(2.)The basic fact of the matter is not in dispute. On 11-3-91 a child Suman Pathak by name was admitted in the Jawaharlal Nehru Memorial Hospital, Kalyani (hereinafter referred to as 'the Hospital') but thereafter nobody came to look after the child. The Officer-in-charge of the Kalyani Police Station was informed about the said incident on the said date. It is admitted that those persons who got the said child admitted in the Hospital abandoned it. Sankar Das and his wife Sandhya Das filed an application for adoption of the said child before Sub-Divisional Officer, Kalyani on 5-7-1991 which was not entertained. They, thereafter, filed an application under Section 9 of the said Act before the learned District Judge on 18-7-91 which was marked as Miscellaneous Case No. 39/91. Mungrej Ahuja and his wife also filed a similar application on 3-9-1991 which was marked as Miscellaneous Case No. 47/91. The petitioners of both the cases stated that the petitioner No. 2 in each case were medically unfit to bear any child.
(3.)Before the learned District Judge some documents were filed by the State. Before the learned Court below both side adduced their respective evidences and the learned Court below, as noticed herebefore, in terms of his order dated 23-4-1992 dismissed the application of the petitioners and allowed the application of Ahujas.
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