The Court dismissed a writ petition seeking directions to register an adoption deed executed when the petitioner was nearly a minor. The petition was allowed in the impugned order but dismissed by this Court as a matter of discretion.
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NITIN ANAND ..... Petitioner
Through: Mr Santosh Kumar Suman, Advocate.
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents Through: Mr Naushad Ahmed Khan, ASC, Civil, GNCTD.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R
% 03.05.2019
CM No.20860/2019
W.P.(C) 4698/2019
that the petitioner was a few days short of attaining the age of majority at the time when the Adoption Deed was purportedly executed. The learned counsel appearing for the petitioner has drawn the attention of this Court to Section 10 of the Hindu Adoption and Maintenance Act, 1956, which indicates that unless there is custom or usage to the contrary, only a person who has not completed the age of fifteen years can be adopted.
VIBHU BAKHRU, J
MAY 03, 2019 MK
2 issues framed by the court
Whether relief under Article 226 of the Constitution should be granted to register a late-executed Adoption Deed.
Whether the petitioner was within the age limits prescribed under Section 10 of the Hindu Adoption and Maintenance Act, 1956 at the time of adoption.
2 provisions across 2 enactments
NITIN ANAND
GOVT. OF NCT OF DELHI
VIBHU BAKHRU
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
