Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Custom Allowing Adoption of Boys Above 15 Years - In the Vysya community, there exists a recognized custom permitting the adoption of boys over the age of 15 years, which has been upheld by courts such as the Andhra Pradesh High Court. This custom is applicable in regions like Hyderabad Karnataka and is supported by community practices and legal precedents ["2023 0 Supreme(Kar) 339"], ["2023 Supreme(Online)(Kar) 32215"].
Evidence and Legal Recognition - Courts have found sufficient evidence of such customs in the Vysya community, allowing adoptions beyond the age of 15, especially when deeds of adoption were executed after the adoptee crossed that age. The courts have upheld adoptions based on community customs, even if the deeds were made when the adoptee was older than 15 ["2023 0 Supreme(Kar) 339"], ["2023 Supreme(Online)(Kar) 32215"].
Other Communities and Lack of Evidence - In communities like Lingayath and Kashibai's family, there is no proof of such customs permitting the adoption of individuals over 15 years of age. The burden of proof lies on the party claiming the custom, and in the absence of evidence, such adoptions are deemed invalid under the Hindu Adoption and Maintenance Act, 1956 ["2024 Supreme(Online)(Bom) 4318"], ["2021 0 Supreme(Kar) 346"].
Community-Specific Practices - Among the Nattukottai Chettiar community, there is a recognized custom allowing the adoption of married persons and those over 15 years, which courts have acknowledged, provided proper pleadings are made ["2024 0 Supreme(Mad) 2726"].
Statutory Provisions and Exceptions - Section 10(iv) of the Hindu Adoption and Maintenance Act, 1956, generally prohibits adopting persons over 15 unless there is an established custom or usage permitting such. Courts have clarified that in communities where such customs exist, adoptions of persons above 15 are valid; otherwise, they are invalid ["Dr.M.A.M.Ramaswamy Chettiar vs The Tahsildar - Madras"], ["2024 Supreme(Online)(Bom) 5521"].
Judicial Precedents - There are judicial precedents, particularly in Brahmin communities, where customs permit the adoption of boys over 15 years, even up to 20 years old. However, if no such custom is proven, the adoption is invalid under the law ["2023 Supreme(Online)(AP) 31905"], ["
Pidugu Padmavathi Devi VS Challa Adilakshmi - Current Civil Cases
"], ["2023 Supreme(Online)(AP) 27840"].Analysis and Conclusion:The Vysya community is among those with a recognized customary practice allowing the adoption of boys above 15 years of age, and this has been upheld by courts. Such customs are community-specific and must be proved by evidence; without proof, adoptions of individuals over 15 are invalid under statutory law. Other communities, like Lingayath or Brahmin, have varying practices, with some recognized customs permitting such adoptions, while others require proof of custom. Overall, the validity of adopting a person over 15 depends on community customs, legal provisions, and evidentiary support.
In the diverse landscape of Hindu personal law, play a pivotal role, especially in adoption matters. Imagine a family in the Vysya community seeking to adopt a boy who has already turned 15. Is this possible under modern Indian law? The question arises: In the Vysya Community to which the Parties Belonged there was a Custom Allowing Adoption of Boys above the Age of 15 Years. This issue hinges on exceptions to statutory age limits, balancing tradition with legal mandates.
This blog post delves into the legal framework, proof requirements, judicial precedents, and practical considerations. Note: This is general information, not specific legal advice. Consult a qualified lawyer for your case.
The () governs adoptions among Hindus. generally prohibits adopting a person who has completed 15 years of age. However, a crucial exception exists: unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years from being taken in adoption1980 0 Supreme(AP) 54.
This provision recognizes that longstanding community customs can override the default age restriction, provided they are proven. As noted in judicial observations, After coming into force of Hindu Adoption and Maintenance Act, a child above the age of 15 cannot be adopted, unless such adoption is shown to be according to the custom or usage of community to which the parties belonged to, in view of prohibition contained under of the Hindu Adoptions
Dr.M.A.M.Ramaswamy Chettiar vs The Tahsildar - Supreme(Online)(MAD) 27958
.The party claiming the custom bears the . Evidence must demonstrate that the custom is prevailing in the community or caste to which the parties belong1980 0 Supreme(AP) 54 2023 0 Supreme(Kar) 339. Mere assertions won't suffice; courts demand credible evidence such as:
Courts may presume the custom's existence if supported by consistent evidence. In the Vysya community, several judgments from the and have acknowledged this practice, confirming its validity 2023 0 Supreme(Kar) 339 2020 0 Supreme(AP) 12. For example, a case upheld such an adoption based on community custom 2020 0 Supreme(AP) 12.
Indian courts have repeatedly validated community-specific customs. In Vysya cases, the custom of adopting boys over 15 has received credible judicial recognition1980 0 Supreme(AP) 54 2020 0 Supreme(AP) 12. This aligns with the principle that When a custom has been repeatedly recognized by Courts, it is blended into the law of land and not required to be proved2018 0 Supreme(Mad) 2463.
While Vysya precedents are key, analogous cases from other communities illustrate the approach:
In the Kamma community of Andhra Pradesh, courts upheld adoptions of boys over 15. But the respondent has relied upon the exception provided in and has proved by leading cogent and reliable evidence like that there is a custom in the Kamma community of Andhra Pradesh for adoption of a boy even above the age of 15 years2020 0 Supreme(MP) 1225 2018 0 Supreme(Mad) 2463 2014 0 Supreme(AP) 1208 2010 7 Supreme 868. The registered deed further strengthened the case, invoking 's presumption of validity.
Conversely, in the Mewar Rajput community, failure to prove custom for adopting a married child over 15 led to invalidation. The court noted the plaintiff failed to prove the custom and usage of adoption of a married child aged more than 15 years, and lacked 2010 0 Supreme(Raj) 972.
Another Kamma case emphasized: , Secs. 10 and 16 — Adoption — Registered adoption deed — Neither challenged nor rebutted — Natural parents of respondent gave respondent aged about 18 years — The adoption is said to be in accordance with customs prevailing in `Kamma' community in Andhra Pradesh — Such adoption even beyond the age of 15 years is permissible and recognised by 2010 0 Supreme(Raj) 972.
These cases underscore that proof is paramount. Vysya adoptions succeed when backed by similar robust evidence.
Not all communities enjoy this exception:
No Proof, No Exception: In communities like Lingayath, absence of proof leads to rejection. The absence of proof of such custom, especially in communities like Lingayath where no such custom is proved, leads to the rejection of the validity of adoptions beyond 15 years2021 0 Supreme(Kar) 346.
Additional Requirements: Even with custom, adoptions must comply with other provisions, like (post-) and registration under for presumption.
Judicial Scrutiny: Courts examine if the custom is ancient, certain, invariable, and not opposed to .
Failure here can render the adoption invalid, affecting inheritance rights and property disputes.
If pursuing such an adoption:
Key Takeaway: In the Vysya community, credible evidence of the custom can validate adoptions of boys over 15 under . Otherwise, the statutory limit applies.
The interplay of custom and statute in Hindu adoptions highlights India's rich legal pluralism. For Vysya parties, longstanding traditions offer a viable path, but only with solid proof. This framework ensures fairness while preserving cultural practices. Stay informed, document diligently, and seek professional guidance to navigate these complexities successfully.
Disclaimer: This article provides general insights based on precedents and is not a substitute for personalized legal counsel. Laws evolve, and outcomes depend on specific facts.
#VysyaAdoption, #HinduAdoptionLaw, #CustomAdoption
In this decision, the Andhra Pradesh High Court para 10 has held that on the question of adoption, the Trial court has held that in Vysya Community there has been a custom adoption of boys above the age of 15 years and such view was upheld. The adoption was upheld in the said decision. ... It was also contended that ....
age of 15 years and such view was upheld. ... It was also contended that in Vysya community, to which the parties belong to, adoption of a child beyond 15 years was valid in Hyderabad Karnataka Area, as per the prevailing customs. ... Both the Courts below were right in holding that there exists a custom wh....
(b) a widow can take a boy over 15 years of age in adoption as also a married person; (c) the practice of taking married persons and boys over 15 years ... Moreover, nothing is mentioned in the said adoption deed as regards the custom prevailing in the family of Kashibai that a boy over the age of 15#HL_END....
Admittedly, the parties in the present case are belonging to Lingayath community and there is no proof by the appellant/defendant that in the said community, there is custom or usage to take a boy in adoption above the age of 15 years. ... The only exception to the bar under Section 10(iv) of the Act is a custom or usage applicable to....
Unfortunately, for Mr.S.Lakshmanasamy, there is no plea by the plaintiff that there exists a custom in Patturoja community for giving a person, who is already married or above the age of 15 to be given, for adoption. ... The exception to this rule is that, there should be a specific plea raised by the party claiming adoption that there exists a custom or usage applicabl....
That there is no custom in the community of parties under which, boy above the age of 15 years can be given or taken in adoption. That in case, prevalence of such custom was required to be proved by leading evidence. ... in Maratha community where boy over the age of 15 years can b....
After coming into force of Hindu Adoption and Maintenance Act, a child above the age of 15 cannot be adopted, unless such adoption is shown to be according to the custom or usage of community to which the parties belonged to, in view of prohibition contained under Section 10(iv) of the Hindu Adoptions ... On perusal of the above statutory provision, it....
beyond the age of 15 years is in practice. ... parts a child could be adopted beyond the age of 15 years. ... It is in the light of these facts, the question proposed in this Second Appeal stating that there is a judicial precedent to the effect that in Brahmin community there has been a custom permitting adoption of a boy beyond #HL_....
beyond the age of 15 years is in practice. ... parts a child could be adopted beyond the age of 15 years. ... It is in the light of these facts, the question proposed in this Second Appeal stating that there is a judicial precedent to the effect that in Brahmin community there has been a custom permitting adoption of a boy beyond #HL_....
beyond the age of 15 years is in practice. ... parts a child could be adopted beyond the age of 15 years. ... It is in the light of these facts, the question proposed in this Second Appeal stating that there is a judicial precedent to the effect that in Brahmin community there has been a custom permitting adoption of a boy beyond #HL_....
But the respondent has relied upon the exception provided in Section 10(iv) and has proved by leading cogent and reliable evidence like Ext. Therefore, the aforesaid exception which is engrafted in the same part of the provision of Section 10 of the Act was satisfied. A-8 that there is a custom in the "Kamma" community of Andhra Pradesh for adoption of a boy even above the age of 15 years. Since the aforesaid custom and aforesaid adoption was also recorded in a registered dee....
But the respondent has relied upon the exception provided in section 10 (iv) and has proved by leading cogent and reliable evidence like Ex. A-8 that there is a custom in the "Kamma" community of Andhra Pradesh for adoption of a boy even above the age of 15 years. Therefore, the aforesaid exception which is engrafted in the same part of the provision of Section 10 of the Act was satisfied. Since the aforesaid custom and aforesaid adoption was also recorded in a registered dee....
A. 8 that there is a custom in the "Kamma" community of Andhra Pradesh for adoption of a boy ever above the age of 15 years. Therefore, the aforesaid exception which is engrafted in the same part of the provision of Section 10 of the Act was satisfied. But the respondent has relied upon the exception provided in Section 10(iv) and has proved by leading cogent and reliable evidence like Ex. Since the aforesaid custom and aforesaid adoption was also recorded in a registered dee....
A-8 that there is a custom in the “Kamma” community of Andhra Pradesh for adoption of a boy even above the age of 15 years. Therefore, the aforesaid exception which is engrafted in the same part of the provision of Section 10 of the Act was satisfied. But the respondent has relied upon the exception provided in section 10 (iv) and has proved by leading cogent and reliable evidence like Ex. Since the aforesaid custom and aforesaid adoption was also recorded in a registered dee....
Since the aforesaid custom and aforesaid adoption was also recorded in a registered deed of adoption, the Court has to presume that the adoption has been made in compliance with the provisions of the Act, since the respondent has utterly failed to challenge the said evidence and also to disprove the aforesaid adoption. Therefore, the aforesaid exception which is engrafted in the same part of the provision of Section 10 of the Act was satisfied. But the respondent has relied upon the exception ....
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