( 1 ) THESE Civil Revision Petitions preferred by the State give rise to a short but important question of law relating to the interpretation of the provisions of Sec. 10 (iv) of the HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 (hereinafter referred to as the Act ). Sec. 10 (iv) is in the following terms:"10. No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely :- (i) (ii) (iii) (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. "

( 2 ) THIS provision generally bars the adoption of a boy or girl who has completed 15 years of age. However, an exception has been carved out to this general rule barring adoption of boys or girls aged more than 15 years. This exception envisages a custom or usage applicable to the parties which permits persons, who have compleied the age of 15 years, being taken in adoption. Therefore, where there is a custom or usage applicable to the parties permitting boys or girls, who have completed the age of 15 years, to be taken in adoption, the general rule in clause (iv) of Sec. 10 of the Act prohibiting boys or girls, who have completed 15 years of age, from being taken in adoption, will not be applicable. Normally, a boy or girl, who has not completed the age of 15 years, is only permitted to be taken in adoption. It is pertinent to notice that the restriction relating to the age limit of the boy or girl for adoption as well as the custom or usage applicable to the parties mentioned in clause (iv) is not confined to a particular caste, community or creed.

( 3 ) THE Act applies, as seen from Sec. 2 (1), to any person, who is a Hindu by religion in any of its forms or developments, including a virashiva, Lingayat or a follower of the Brahmo, Prathana or Arya Samaj, to any person who is a Buddhist, Jaina or Sikh by religion and to any other person who is not a Muslim, Christfan, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with therein if the Act had not been passed. The Explanation to this section makes it abundantly clear as to who are hindus, Buddhists, Jainas or Sikhs by religion. Sec. 3 (a) of the Act defines the expressions "custom" and "usage" as signifying any rule which, having been continuously and uniformly observed for a longtime has obtained the force of law among Hindus in any local area, tribe community, group or family, provided that the rule is certain and not unreasonable or opposed to public policy. Ssc. 10 (iv) of the Act, therefore, leaves no doubt in my mind that if any boy or girl to be adopted, even though completed 15 years on the date of the adoption, would be eligible for valid adoption provided there is any custom or usage prevalent in the particular caste or community to which the parties belong.

( 4 ) THIS view of mine gains support from the reported cases which i may refer to in this context. In Hanumantha Rao vs. Hanumayya (1) 1964 (1) An. W. R. 156 a Division Bench of this Court has held that the adoption of a boy over 15 years belonging to kamma community in andhra is valid in view of the existence of caste system by which boys aged more than 15 years can be adopted, which has been proved sufficiently by evidence on record.

( 5 ) SIMILAR view has been expressed by the Bombay High Court in housabai vs. Jijabai (2) A. I. R. 1972 Bombay 98 wherein such custom has been proved to be in existence in the community of Goja in the State of Maharashtra. Therein it was held that the adoption of a boy aged above 15 years is protected by Sec. 10 (iv) of the Act as there was sufficient proof of such a custom in that community.

( 6 ) I may usefully refer in this connection to a decision of the supreme Court in Dhan