Suresh Kumar Nishad vs Central Coalfield Limited and Others

M.Y. Eqbal, J.—Heard the parties.

The petitioner prays for quashing the order (as contained in letter dated 16.3.2004 issued by the Personnel Manager, Bokaro Colliery, wereby the claim of the petitioner for appointment as an adopted son of late Sukhiya Mallahin, ex employee of the colliery has been denied.

Learned counsel appearing for the petitioner submitted that petitioner was legally adopted by late Sukhiya Mallahin by virtue of registered deed of adoption dated 7.1.1993.

From perusal of the record, it appears that the date of birth of petitioner is 12.1.1972 and in 1993 when the adoption deed was executed he was 21 years old. According to Section 10 of the Hindu Adoption and Maintenance Act, 1956 a person can be taken in adoption only when, besides other conditions he or she has not completed the age of 15 years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of 15 years being taken in adoption.

Learned counsel appearing for the petitioner submitted that the petitioner was adopted/much before 1993 which has been incorporated in the adoption deed. The question whether the petitioner was adopted much before 1993 is a question of fact which cannot be decided by this Court in exercise of writ jurisdiction.

Admittedly, when the registered deed of adoption was executed, the petitioner was 21 years old. In that view of the matter, respondents have rightly doubted the correctness of deed of adoption. This Court without adjudicating the question cannot declare the adoption deed as legal and valid. Consequently, no relief can be granted to the petitioner. This writ petition is dismissed.