Litigant's name leads to dismissal of adoption controversy before HC

Mumbai, Dec 29 (UNI) The Bombay High Court today dismissed the claim of adoption of a litigant by his uncle because of the way he had put his name on the case papers among other things.

A Division Bench comprising Justice S B Mhase and S R Sathe pinned down Ratanlal Shamsukh's claim that he was adopted by his late uncle (father's brother) Govardhan on July 8, 1973 while he continued to use his original name Ratanlal Chunilal on the papers before this court as well as the lower court.

The dispute arose when Ratanlal's father and Govardhan's timber business was dissolved and the assets split after the latter's demise in 1982 and Ratanlal claimed the adoption.

Govardhan's wife, who was also a partner in the business, challenged the lower courts finding, affirming the adoption by a customary ceremony.

Her counsel pleaded before the judges that there was no documentary evidence of the adoption. Also, as per the Hindu Adoption and Maintenance Act, any person above the age of 15 could not be adopted unless a custom permitted it.

The court also observed that on Ratanlal's income-tax returns' he was using his original name.

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