regulate adoptions,
requisites of a valid adoption, capacity to take in adoption and to give
in adoption, and with difference in age between ... There
is no registered deed of adoption to presume the so called adoption,
apart from the adoption is void, as no customary usage is proved
wife Sarojini Devi thought of taking the defendant in adoption. The adoption is evidenced by a document which is registered on 31.8.1984 at Bapatla ... adoption made in contravention of the said provisions shall be void.
(2) An adoption which is void shall neither create any rights in the adoptive
judge what is bene-iicial to the boy given in adoption. It is hoped that the noble Lords of the Privy Council ... adopted son, if after adoption the conditions be declared void but the adoption binding.
8. After summing up the Madras decision Viscount Dunedin held
Whether the suit without a prayer for declaring the adoption of defendant No. 1 as void is maintainable?
8) Whether D.1's title ... issue whether the suit without the prayer for declaring the adoption as void is maintainable and whether the suit is time barred. The trial Court
decreed it in part granting the declaration sought, viz., the adoption was null and void. However, the finding as to the invalidity of the declaration ... Court in O.S. No. 2 of 1967 that his adoption was null and void. The test is whether the defendant could have attacked
purposes". The adoption was registered and under Section 16 , there is a presumption that the adoption is valid. Though it is a rebuttable presumption ... adoption by a Hindu shall be made in accordance with the provisions of the Act and an adoption made in contravention thereof shall be void
maintain a claim for maintenance under
Section 18 of the Hindu Adoption and
Maintenance Act, 1956 (hereinafter called as
'Maintenance Act1).
2. Having disagreed ... maintenance under Section 18 of
Hindu Adoption and Maintenance Act. When the
marriage of the respondent is void ab initio, she is
not entitled
said to have been filed for cancellation of the decree of adoption dated 16-6-1981. The said proceedings will, however, be adjudicated on theirown ... naturally, our instant reaction, rightly so, was that such an adoption was per se void in view of the prohibition contained under
dated 7.10.1910, since the father of the 1st defendant was taken in adoption by Smt. Mangamma which related back to the date of death ... taken in adoption after the death of Senior Gangaraju is accepted, by virtue of the doctrine of relation back the adoption has to be traced
learned counsel, Mr. Gupta, are traceable to the
oral ante-adoption agreement. We are unable to understand how any
antecedent rights would flow under that ... Section 17 . Therefore, we hold
that the ante-adoption agreement in the settlement deed is void, as Section 17
specifically injuncts that no person shall
