Sheena Palanivelu (Student) 08 November 2009

What are the Customs for adopting a 21 yr old boy?

Its about Dhanraj V. Suraj Bai, AIR 1975 SC 1103.

I am a 1st yr student, and this is my case for my moot court. My three Qs are:

1. can a step mother give her step son in adoption? can she become a guardian? or a "mother" as read with S. 9 in HAMA?

2. can Dhanraj justify his adoption by any custom? As the first appeal was in the High Court of Rajasthan, Is there any such custom in Rajasthan?

3. what are these customs? can anyone brief me about such customs?

I would be very thankful to anyone who would guide me in this regard...

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2 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 10 November 2009

Without going through the case meniton by you.

Only real blood relation can give any person in adoption.

Step mother can only become guardian.

About custom,

Customs are the local law of the land and prevail over any other law.

Plz read the books and ask ur professors, We can help u to solve any case but not the basic law else we will become tutor only.
Regards and Good luck
adv.kamal.grover@gmail.com

09814110005

Sudhir Kumar, Advocate (Advocate) 28 January 2012

Section 10 of HMA is repeated for your information :-

10 Persons who may be adopted

No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:-

(i) he or she is Hindu;

(ii) he or she has not already been adopted;

(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;

(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.