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2017 Supreme(All) 1116

DEVENDRA KUMAR UPADHYAYA
SHWETA GUPTA – Appellant
Versus
RAHUL KESHAV JADHAO – Respondent


Advocates:
Counsel :
Rohit Tripathi and Ms. Bulbul Godiyal (Amicus) for the Petitioner; C.S.C. and O.P. Nag for the Respondents.

JUDGMENT

Hon’ble Devendra Kumar Upadhyaya, J.—These proceedings, under Article 226 of Constitution of India, have been instituted by the petitioner impeaching an order dated 3.7.2017 passed by the Special Judge (Prevention of Corruption), CBI Court No. 5, Lucknow, whereby the application preferred by the petitioner under Section 9 of Hindu Adoptions and Maintenance Act, 1956 (for short ‘’Act,1956') has been rejected and the learned Court below has refused to accord its permission as required under Section 9 of the Act, 1956 to give petitioner’s minor child in adoption to respondent No. 1, whom the petitioner has re-married following annulment of her first marriage with respondent No. 3 vide judgment and decree dated 27.5.2015.

2. Heard Ms. Bulbul Godiyal, learned Senior Advocate, Amicus appointed by the Court, Sri Rohit Tripathi, learned counsel representing the petitioner and Sri O.P. Nag, learned counsel representing respondent No. 1.

3. This Court while entertaining this petition passed an order on 17.7.2017 permitting impleadment of respondent No. 3 and also directing issuance of notice to him. The Court further directed that respondent No. 3 shall be served through dasti notice













































































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