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1993 Supreme(AP) 52

D.JAGANNADHA RAJU
Pathivada Ramaswami – Appellant
Versus
Korada Surya Prakasa Rao – Respondent


D. J. JAGANNADHA RAJU, J.

( 1 ) MR. M. S. Ramachandra Rao, relies upon a decision reported in G. Rama Rao alias Vadaga Rama Rao vs. Vadaga Atchayamma interpreting the provisions of the hindu Adoptions and Maintenance Act and contends that where the natural father of the adopted child did not speak about the giving and taking, merely relying upon registered document and adoption is not proved as a valid adoption. On this ground be prays that the C. R. P. should be admitted as the court committed a mistake. A perusal of the decision reported in G. Rama Rao alias Vadaga Ramarao vs. Vadaga Atchayamma contains the following passage. "even under the Hindu Adoptions and Maintenance Act, the legal requirement for the validity of an adoption is the ceremony of adoption at which there is a giving and taking of the boy as adoption does not by itself confer the status of an adopted son on the boy. It is therefore, incumbent upon the defendant to prove that there was a giving and taking as required by the Hindu Law. "

( 2 ) WITH utmost respect to the learned Judge I have to point out that the above quoted passage overlooks the statutory provision of Sec. 16 of the Hindu adoptions and Maintenance


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