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2015 Supreme(Raj) 76

P.K.LOHRA
Darshana Gupta – Appellant
Versus
None – Respondent


Advocates:
Advocate Appeared:
Dr. Sachin Acharya, for the appellant.
Mr. S.S. Ladrecha, Addl. Advocate General for the State.

JUDGMENT :

Reportable BY THE COURT:

This legal battle is unique wherein appellant is not pitted against any opponent much less formidable opponent. Appellant, Ms. Darshana Gupta, has laid this appeal under Section 52 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (for short, ‘Act of 2000’) read with Order 43 rule 1 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) to assail the impugned order dated 18th December 2014, passed by learned District Judge, Udaipur (for short, 'learned Court below).

By the order impugned, endeavour made by the appellant in unison with proforma respondent Rajkiya Balika Garh/Visheshak Dattak Garhn Agency, Bal Adhikarita Vibhag, under Section 9 (4 & 5) of the Hindu Adoptions and Maintenance Act, 1956 (for short, ‘Act of 1956’) read with Section 41 of the Act of 2000, to adopt a minor girl, Priti, proved abortive inasmuch as the learned Court below declined her prayer by citing embargo envisaged in clause (ii) of Section 11 of the Act of 1956, under the caption “Other conditions for a valid adoption”.

Succinctly stated, the facts of the case are that the appellant is presently working as Joint Director, Pension Department having her













































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