VOLETI VENKATARAMA RAO versus KESAPRAGADA BHASKAR RAO & ORS.

VOLETI VENKATARAMA RAO versus KESAPRAGADA BHASKAR RAO & ORS.

Given the long lapse of time since the adoption, universal recognition of the adopted son, and absence of critical witnesses, the presumption in favour of the validity of adoption is very strong. The challenger failed to rebut this presumption with evidence and made no effort to produce the certified birth register. Therefore, the adoption is held valid.

Parties
Appellant: Voleti Venkatarama Rao; Respondents: Kesapragada Bhaskara Rao & Ors.
Jurisdiction
India
Judgment Date
15 April 1969
Procedural Posture
Civil Appeal / Appeal by Special Leave From Andhra Pradesh High Court Decision Dated November 29, 1960 in Appeal No. 261 of 1956
Outcome
Appeal dismissed with costs.
Legal Topics
Validity of Adoption, Presumption Due to Lapse of Time, Competence of Minor Widow to Adopt
Hindu Law Family Law Law of Adoption Validity of Adoption Presumption Due to Lapse of Time Competence of Minor Widow to Adopt

Case Brief

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Parties

Voleti Venkatarama Rao

Appellant

Kesapragada Bhaskara Rao & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Andhra Pradesh High Court Decision Dated November 29, 1960 in Appeal No. 261 of 1956

Legal Issues

  1. 1 Whether the adoption of Rajeswararao by Seshamma (widow of Bhaskara Rao) in 1904 was valid given the alleged minority of the adoptive mother at the time of adoption.

Ratio Decidendi

Given the long lapse of time since the adoption, universal recognition of the adopted son, and absence of critical witnesses, the presumption in favour of the validity of adoption is very strong. The challenger failed to rebut this presumption with evidence and made no effort to produce the certified birth register. Therefore, the adoption is held valid.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Appellant to pay costs.