Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Family Law Custom Adoption |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Family Law - Custom - Adoption - Validity - Plea of plaintiff-appellant that he had been adopted by defendant no. 1 - Parties belonged to the Jat community in District Ambala, Haryana - At the time of alleged adoption, plaintiff was about 23 years old and a married man having children - For valid adoption, required condition that the person who may be adopted has not completed the age of 15 years unless there is a custom and usage applicable - Concurrent findings of both the first appellate court and the High Court that neither the custom was proved nor the factum of adoption was established by conclusive evidence - On appeal, held: Question with regard to the custom prevalent amongst the Jats to take in adoption a married man having children not required to be gone into - Evidence brought on record goes against the plaintiff and on that basis it cannot be held that there was a valid adoption - Defendant no. 1 filed written statement asserting that he never took the plaintiff in adoption, and also denied that plaintiff resided with him or helped him in cultivating the land - Further during pendency of the case, when defendant No. 1 died, the plaintiff did not even perform the last ritual and other ceremonies of the deceased - Normally, concurrent findings recorded by two courts need not be interferecf with, unless they appear to be perverse in law - On facts, evidence goes against the appellant and, therefore, it cannot be held that there was perversity in the judgment passed by the two appellate courts - Hindu Adoption and Maintenance Act, 1956 - ss. 10 & 11. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2013 INSC 260 |
Petitioner | Harnek Singh |
Respondent | Pritam Singh & Ors. |
SCR | [2013] 6 S.C.R. 184 |
Judgement Date | 2013-04-17 |
Case Number | 3895-3896 |
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