Adoption of Married Person

Married Person above age of 15 years can be adopted.

If there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption!

Central Government Act

Section 10 in The Hindu Adoptions and Maintenance Act, 1956

- he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;

- he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption. 

'When a custom has been repeatedly recognized by courts, it is blended into the law of land and proof of the same would become unnecessary under Section 57 of Evidence Act. '

'The ordinary rule is that all customs general or otherwise have to be proved, but u/s. 57 of the Evidence Act, 1872 nothing need to be proved of which the court can take judicial notice.'

The following from apex court is relevant.

Supreme Court of India

Atluri Brahmanandam (D) Thr.Lrs vs Anne Sai Bapuji on 18 November, 2010

3......................One of the contentions which was raised in the suit was that the respondent/plaintiff was the adopted son of Late Anne Seetharamaiah and if the findings are in the affirmative, in that event, he would be entitled to claim for recovery of possession of the scheduled land..

6. The appellant herein who was the defendant denied that the respondent is the adopted son of Late Seetharamaiah.

7. The main issue, therefore, in the present appeal on which extensive argument was made is as to whether or not the respondent was the adopted son of Late Anne Seetharamaiah. In the plaint filed, the respondent claimed himself to be the adopted son of Late Seetharamaiah. During the trial of the suit, the appellant also relied upon and proved Ex. A-8. Relying heavily on the said document, it was contended by the respondent that in terms of the said document, the respondent should be held to be the legally and validly adopted son of Anne Seetharamaiah.

8........................two contentions were mainly urged before us by the learned counsel appearing for the appellant. According to him, there was no adoption of the respondent by the adoptive father as alleged and secondly, since the respondent was more than 15 years of age on the date of the alleged adoption, he could not have been validly adopted without proving any customs in favour of such adoption. 

9.................The recital in the said deed of adoption is that the natural parents of the respondent had given the respondent aged about 18 years and unmarried on the said date in the presence of elders and in accordance with the provisions of the Hindu Adoptions and Maintenance Act, 1956 to Anne Seetharamaiah, who was issueless and, hence, the adoption. It also recited that the aforesaid adoption is in accordance with the customs prevailing in the "Kamma" community in Andha Pradesh.

16. The aforesaid decision is squarely applicable to the facts and circumstances of the present case. The Andhra Pradesh High Court has recognized such a custom among the "Kamma" community of Andhra Pradesh of taking in adoption of a person even above the age of 15 years of age and has held the same to be legal and valid.

17. In view of the above discussion, we find no infirmity at all in the findings of the trial court which were affirmed by the High Court that the adoption of the respondent by Late Anne Seetharamaiah is legal and valid. We, therefore, find no merit in this appeal which is dismissed but we leave the parties to bear their own costs.