IMPORTANT POINT
Adoption - validity.

JUDGMENT

B.S. Chauhan, J.:-

This appeal has been preferred against the impugned judgment and order dated 9.2.2001, passed by the High Court of Judicature at Bombay (Aurangabad Bench) in Second Appeal No. 906 of 1980, by way of which the High Court has affirmed the judgment and order of the First Appellate Court in Regular Civil Appeal No. 92 of 1977, dismissing Civil Suit No. 52 of 1971, which stood allowed by the trial court vide judgment and decree dated 15.3.1977.

2. The facts and circumstances giving rise to this appeal are :

(A) One Narayanbuva Gosavi, a descendant of Shri Sant Eknath Maharaj was vested with the exclusive right to carry the Palki and Padukas of Sri Sant Eknath Maharaj from Paithan to Pandharpur at the time of Ashadi Ekadashi. He died in 1951, leaving behind his widow, namely, Smt. Laxmibai. Krishnabuva. Brother of Narayanbuva had pre-deceased him leaving behind his widow, Smt. Gopikabai.

(B) After the death of Narayanbuva, the appellant Smt. Laxmibai, was vested with the exclusive right to carry the Palki and Padukas. The respondents herein, who are also descendants of Sri Sant Eknath Maharaj, served notice dated 6.5.1971 upon Shri Vasant Bhagwant Pandav, stating that he must not give his son Raghunath, aged 8 years, in adoption to Smt. Laxmibai.

(C) On 10.5.1971, some of the respondents herein, filed Civil Suit No. 47 of 1971 against Shri Vasant Bhagwant Pandav, Smt. Laxmibai and Smt. Gopikabai, restraining them from effectuating the adoption of Raghunath. The aforementioned suit was withdrawn subsequently, in September 1974. It was during the pendency of the said suit filed by the respondents, that on 11.5.1971, Raghunath was adopted by Smt. Laxmibai after the performance of all requisite ceremonies which were conducted in the presence of a huge crowd, wherein the process of giving and taking of the child by the parents of Raghunath and by Smt. Laxmibai respectively, was held. The ceremony was performed by a priest, and several photographs were also taken on this occasion. On the same day, an adoption deed was executed and registered in this respect, and the said deed was duly signed by seven witnesses. Owing to the fact that the respondents had tried to create some hindrance in the performance of the duties of the appellants, in relation to carrying the Palki and Padukas, Smt. Laxmibai and Smt. Gopikabai filed Suit No. 52 of 1971, against the respondents seeking a decree of perpetual injunction preventing them from causing any obstruction or interference in the exercise of their exclusive rights, on 14.6.1971.

(D) The suit was contested by the respondents and a large number of issues were framed. The trial court decreed the suit, holding that the adoption of Raghunath by Smt. Laxmibai was valid; that the adoption deed was a legal document which could in fact, be relied upon; that the ceremony of giving and taking of the child and that performance of all other religious ceremonies was conducted ; and also that photographs taken at the time of adoption could be relied upon. The said adopted child Raghunath, inherited all the property of Smt. Laxmibai when she died before the trial of the suit even commenced. The inheritance was held to be valid, as it was held that there was no custom of adopting of a male child only from within the said family and, consequently, the adoption of Raghunath by Smt. Laxmibai from outside, was upheld.

(E) Aggrieved, the respondents preferred Civil Appeal No. 92 of 1977 and for certain reliefs, the appellants also filed a cross appeal. Various points were considered by the First Appellate Court, after which, the decree of the Civil Court was reversed vide judgment and decree dated 1.8.1980, by which it was held that the respondents had proved, that there did in fact exist a custom which prohibited the taking of a male child in adoption from outside. The adoption itself was suspicious as independent witnesses were not examined. The witnesses who proved the validity of the adop