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2007 Supreme(Kar) 362
2008 (2) KLO 049 AC 34
IN THE HIGH COURT OF KARNATAKA
Ajit J. Gunjal, J.
R.F.A.No. 725 of 2007
Yellappa - Appellant
Vs.
Smt. Yellamma & Others - Respondents
Decided 25-6-2007
Appellants: Sunil T. for Seshagiri and M. Geetha, Advs.
Respondents: Kanthraj, B.T. Indushekhar & P.M. Nataraj, Advs.
Headnote:(A) Hindu Adoptions and Maintenance Act - Sections 5, 6 and 7 - Adoption - Registered deed as to - Absence of - Performance of required ceremonies - No evidence reflecting of - Held, adoption cannot be valid.
Held: Section 5, 6 and 7 of the Hindu Adoptions and Maintenance Act, 1956, would disclose as to the ceremonies which are required to be followed during the course of adoption. It is to be noticed that none of the provisions under the Act have been followed. In the absence of any registered adoption deed, and in the absence of the ceremonies being performed, to my mind, the findings recorded by the learned trial Judge to the effect that the adoption has not taken place cannot be faulted.
(B) Hindu Adoptions and Maintence Act - Sections 5, 6 and 7 - Adoption - Registered deed as to - Absence of - Performance of required ceremonies - No evidence reflecting of - Held, adoption cannot be valid.
Held: Section 5, 6 and 7 of the Hindu Adoptions and Maintenance Act, 1956, would disclose as to the ceremonies which are required to be followed during the course of adoption. It is to be noticed that none of the provisions under the Act have been followed. In the absence of any registered adoption deed, and in the absence of the ceremonies being performed, to my mind, the findings recorded by the learned trial Judge to the effect that the adoption has not taken place cannot be faulted.
