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2021 Supreme(Raj) 903

SABINA, MANOJ KUMAR VYAS
State Of Rajasthan – Appellant
Versus
Bhagwan Singh – Respondent


Advocates appeared:
Ganesh Meena, Advocate, Jai Kishan Yogi, Advocate

JUDGMENT

1. Appellant-State has filed the appeal challenging the order dated 31.10.2019 passed by the learned Single Judge, whereby, writ petition filed by the respondent, was allowed.

2. Learned state counsel has submitted that the adoption deed produced by the respondent was liable to be rejected as the appellant was more than fifteen years of age on the date of registration of the adoption deed. Hence, as per Section 10 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as the 'Act'), respondent could not have been taken in adoption by Nekram.

3. Learned counsel for the respondent has opposed the appeal and has submitted that a perusal of the adoption deed itself reveals that the respondent had been taken in adoption by Nekram fifteen years prior to the date of the registration of adoption deed. Hence, the learned Single Judge has rightly allowed the writ petition filed by the respondent.

4. Nekram (since deceased) was in service with Education Department as a Class-IV employee. Nekram died on 24.12.2013, while he was in service. Respondent moved an application for his appointment on compassionate grounds after the death of Nekram. It was the case of the respo

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