JUDGMENT - ASHOK A. DESAI, J.:---Since petitioners Nos. 2 and 3 were prevented from taking in adoption second time a female child (petitioner No. 1), in view of section 11(i) and (ii) of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as "the impugned provisions"), they have questioned the validity thereof on the ground of violation of Articles 14 and 21 of the Constitution of India.

The impugned provisions read thus:

"In every adoption, the following conditions must be complied with ---

(i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son or son's son's son (whether by legitimate blood relationship or by adoption),

(ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption" (Emphasis supplied.)

Thus the impugned provisions injunct a person from having second son or daughter by adoption.

2.According to Shri Anand Grover, the learned Counsel for the petitioners, the impugned provisions have created several classes

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