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1980 Supreme(AP) 54

C.KONDAIAH
State Of A. P. represented by the Authorised Officer, Land Reforms, Bhimavaram – Appellant
Versus
Manthena Pullamraju – Respondent


C. KONDAIAH, J.

( 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 adoptio










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