TMI Blog2022 (7) TMI 1486X X X X Extracts X X X X X X X X Extracts X X X X ..... adoption deed is not necessary to effect adoption and the same can be done even through established customs, in the present case the Appellant submits that on 12th July, 2019, during the pendency of the present petition, the husband of the Appellant/ step father of the child adopted the child by way of Registered adoption deed - While the main object of adoption in the past has been to secure the performance of one s funeral rights and to preserve the continuance of one s lineage, in recent times, the modern adoption theory aims to restore family life to a child deprived of his or her biological family. Therefore, in light of the above observations, the first issue is settled in favour of the appellant. Whether the High Court has the po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... final judgment dated 24.01.2014 in F.C.A. no. 236 of 2011 filed by the respondents and F.C.A. No. 403 of 2012 filed by the appellant; passed by the High Court of Andhra Pradesh. In these appeals, the subject matter of dispute between the mother and the parents of the deceased father of the child (grandparents) is the surname given to the child. While the issue of visitation rights was also advanced in the pleadings, no arguments were made in Court regarding same and therefore we have not considered the judgment of the High Court on the said aspect. Brief facts 2. The Appellant married Konda Balaji, son of respondents, on 18.12.2003. A Child was born out of the wedlock on 27.03.2006. However, the husband of the Appellant expired on 14.06 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the end preferably on Dussehra and Deepavali festivals and Sankranthi festival days and during school vacations. The respondents were permitted to see their grand son during such period for 2 days from sunrise to sunset. 5. The Order of the Trial Court was challenged in appeals before the High Court by both the parties. During the course of arguments, it was brought to the notice of the High Court that the surname of the child was changed from Konda to Akella. The High Court disposing of the petition vide common judgment dated 24.01.2014 passed the following directions: a) The Appellant i.e., Akella Lalitha would be the natural guardian of the child, but shall be under obligation to bring the child to the residence of the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the demise of the father. 7. Section 6 of the Hindu Minority and Guardianship Act, 1956 provides as under :- The natural guardians of a Hindu, minor, in respect of the minor s person as well as in respect of the minor s property (excluding his or her undivided interest in joint family property), are (a) in the case of a boy or an unmarried girl the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother; (b) in the case of an illegitimate boy or an illegitimate unmarried girl the mother, and after her, the father; (c) in the case of a married girl the husband . 8. Section 9(3) of the Hindu Adoption and Maintenance Act, 1956 provid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... name is important as a child derives his identity from it and a difference in name from his family would act as a constant reminder of the factum of adoption and expose the child to unnecessary questions hindering a smooth, natural relationship between him and his parents. We, therefore, see nothing unusual in Appellant mother, upon remarriage having given the child the surname of her husband or even giving the child in adoption to her husband. 12. While an adoption deed is not necessary to effect adoption and the same can be done even through established customs, in the present case the Appellant submits that on 12th July, 2019, during the pendency of the present petition, the husband of the Appellant/ step father of the child adopted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I 15. Coming to address the second issue, while this Court is not apathetic to the predicament of the Respondent grandparents, it is a fact that absolutely no relief was ever sought by them for the change of surname of the child to that of first husband/ son of respondents. It is settled law that relief not found on pleadings should not be granted. If a Court considers or grants a relief for which no prayer or pleading was made depriving the respondent of an opportunity to oppose or resist such relief, it would lead to miscarriage of justice. 16. In the case of Messrs. Trojan Co. Ltd. Vs. Rm.N.N. Nagappa Chettiar AIR 1953 SC 235, this Court considered the issue as to whether relief not asked for by a party could be granted and that ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
