AIR 2002 KARNATAKA 73 ::2002 AIR - Kant. H. C. R. 116 ::(2002) 1 MarriLJ 608 ::(2002) 2 ICC 715 ::(2002) MatLR 668

Karnataka High Court

Hon'ble Judge(s): K. Sreedhar Rao , J

(A) Evidence Act (1 of 1872) , S.92— Documentary evidence - Thereby exclusion of oral evidence - Registered adoption deed - Recitals in it clearly indicating that even of adoption took place on the date mentioned in the deed - Any oral evidence in contradiction with terms of the written document to show that adoption took place on different date -Is not admissible. (Para 5) (B) Hindu Adoptions and Maintenance Act (78 of 1956) , S.10— Person who may be adopted - Adopted son was 18 years old on date of adoption as per recitals in registered adoption deed - No custom of adopting a boy above 15 years of age prevailing in the community was either pleaded or proved - Nor it was shown that such custom was judicially recognised - Adopted son being above 15 years of age at time of adoption, his adoption not valid. (Para 5 6) (C) Hindu Adoptions and Maintenance Act (78 of 1956) , S.12(c), S.4— Hindu Succession Act (30 of 1956) , S.14— Hindu widow - Right to property - Widow having no child at time of death of her husband and father-in-law - Both husband and father-in-law dying before coming into force of Hindu Succession Act (1956) - Widow would be entitled to a limited....