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(1) SUPREME COURT
Adoption Married Man, Proving, Requirement

The Hindu Adoptions and Maintenance Act, 1956, Secs.3(a), 10 —Adoption of a married man —Custom of —Proving of —Requirement of  —It is clear that a person cannot be adopted if he or she is a married person, unless there is a custom or usage, as defined under Section 3(a), applicable to the parties which permits persons who are married being taken in adoption —Diversity in India brings along various customs which defines what India is —Law is not oblivious of such fact and sometimes allows society to be governed by customs within the foundation of law —It is well known that a custom commands legitimacy not by an authority of law formed by the State rather from the public acceptance and acknowledgment —As customs, when pleaded are mostly at variance with the general law, therefore, ...

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