Adoption

Querist : Anonymous (Querist) 04 September 2010 This query is : Resolved
What is the maximum age of child for adoption?????

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Adv Archana Deshmukh (Expert) 04 September 2010
As per the Hindu Adoption and Maintainance Act, the child should not have completed the age of 15 years. However, if the custom or usage permits then such adoption is valid.

pravir singh (Expert) 05 September 2010
advocate Archana rightly says according to sec. 1o(4) hindu adoption and maintainance act a case law of this view is availableAIR 1991 SUPREME COURT 1180 "Kondiba Rama Papal v. Narayan Kondiba Papal"
= 1991 AIR SCW 243
Coram : 2 T. K. THOMMEN and R. M. SAHAI, JJ.
Civil Appeal No. 1515 (N) of 1976, D/- 22 -1 -1991.
Kondiba Rama Papal alias Shirke (dead) by his heirs and LRs and another, Appellant v. Narayan Kondiba Papal, Respondent.
Hindu Adoptions and Maintenance Act (78 of 1956), S.10 - ADOPTION - Adoption - Custom in concerned area permitting adoption of child at any age judicially recognised - Proof of custom not necessary in subsequent cases - Once factum of adoption is proved - Adoption cannot be challenged on ground that child was above 15 years at time of adoption.
Adoption - Custom judicially recognised - Proof not necessary in subsequent cases.
Adoption - Custom - Bombay State - Child at any age can be adopted. (Para 2)

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