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Adesh and Akhilesh were twin brothers. Adesh was taking care of his father’s Real Estate business and Akhilesh was a software Engineer. Adesh married Anusha, who was a Civil Engineer, and Akhilesh married Deepika, who was also a software Engineer. Their marriage was solemnized on the same day according to the Hindu rites and ceremonies. After marriage, Anusha was blessed with a baby boy and Deepika also with & babu Garg. The entire family rejoiced and was very happy. Both Akhilesh and Deepika got a good job in the U.S.A. and were preparing themselves to leave for America. Deepika was making all necessary purchases. Once when she went out for shopping on her scooty, she met with an accident and died on the spot. The whole family was grief-stricken. Akhilesh was plunged in deep depression. He was absolutely not able to manage the newborn child Aditya. The child was comfortable only with Anusha. Every one consoled Akhilesh and advised him to proceed with his job in the U.S.A. His parents strongly felt that only if he went to America, he could forget his sorrow and his bereavement caused by the sad and unfortunate incident. They felt, eventually, he should marry again and start a new life. In the meantime the child got attached to Anusha and Anusha also felt a deeper attachment for the child. Akhilesh also felt that in a foreign country, in a totally new circumstance, he won’t be able to manage with the child, if taken along. Adesh and Anusha were ready to adopt the child. Elders also felt that it will be for the good of Akhilesh, so that he could start his life anew. Akhilesh also condescended to the proposal. On the day of Akhilesh’s departure to America, in front of all the relatives, the child was handed over to Adesh and Anusha, and they adopted the child. Akhilesh lived in America for three years. Those three years period of time radically changed his life. He came back to normal life and agreed for the second marriage, arranged by his parents. He came back to India for his marriage. After marriage he and his new wife Vinitha stayed in India for three months. During his stay in India he spent a lot of time with his son, Aditya. Both Vinitha and Akhilesh decided that they will take Aditya with them to U.S.A. But Adesh and Anusha did not agree to it. They said, they had taken Aditya in adoption, and now he was their child. Akhilesh argued that it was only in thw welfare of the child that they wanted to take him along. In the U.S.A. he could possibly give him the best comforts and the high standards of living. He also said there were no ceremonies performed according to their caste’s custom. There was no evidence in writing whatsoever. So the adoption could not be valid. Under the above circumstances:
1. Discuss, whether the adoption of Aditya by Adesh and Anusha is valid, under the Hindu Adoption and Maintenance Act, 1956?
2. What are the essentials of a valid adoption under the Hindu Adoption and Maintenance Act, 1956? 20 Marks
By: santosh ProfileResourcesReport error
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