Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Adoption and Maintenance Act 3 and JO - Adoption - Of a married man aged 32 years 1956: ss.2(a) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Adoption and Maintenance Act, 1956:ss.2(a), 3 and JO - Adoption - Of a married man aged 32years - Challenged - Held: A person, if married, cannot be adopted,unless there is 47 custom or usage, as defined ins. 3(a), permits so -For establish a valid custom, there should be continuity, certainty,long usage and reason-ability - Customs, at variance with generalD law must be proved strictly - Appellant, in the present case hasfailed to prove that the custom on which he was relying had attainedthe status of general custom prevalent among the concernedcommunity - The burden to prove adoption is also heavy- ln absenceof documentary evidence in support thereof, court should be cautiousin relying upon oral evidence - Appellant, in the facts of the case,E failed lo plead and prove the factum of adoption - Trial courtwrong(v placed the burden of proving the adoption on the plaintiffwhich is contrary to law - Evidence.Evidence:Proof of custom - Held: Custom, at variance with generallaw, should be strictly proved - There is presumption in favour oflaw- When the claim of custom is against such general presumption,onus of proving such custom lied on who sets up the plea of itsexistence - Validity of a custom cannot be measured solely by theelement of express sanction accorded by courts of law - Judicialdecision recognising a custom, may he relevant. but these are notindispensable for its establishment.Proof of adoption - Burden to prove - Held: Burden of provingadoption is heavy - Court to be cautious in relying an oral evidencein absence of documentary evidence - Placing burden to proveadoption, on the person who is challenging it, is contrary to law.Pleadings:Absence of pleadings - Affect - Held: Parties to a suit are governed by their pleadings - In absence of proper pleading, any amount of evidence is of no consequence. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2017 INSC 1129 |
Petitioner | Ratanlal @ Babulal Chunilal Samsuka |
Respondent | Sundarabai Govardhandas Samsuka(d) Th. Lrs.& Ors. |
SCR | [2017] 11 S.C.R. 28 |
Judgement Date | 2017-11-22 |
Case Number | 6378 |
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