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TMI Blog2022 (7) TMI 1486X X X X Extracts X X X X X X X X Extracts X X X X ..... rents) 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 14.06.2006. At the time the child was merely 2 ½ months old. Thereafter, the Appellant married Sri Akella Ravi Narasimha Sarma, a Wing Commander in IAF on 26.08.2007. Out of this wedlock, the couple had a child and they live together. Presently, the child Master Ahlad Achintya is still a minor aged 16 yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th 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 respondents in such a way that the child will be with them for a period of 2 days during winter vacation. The respondents shall also be entitled to see the child in the residence of the Appellant, with prior intimation; b) The Appellant shall complete the formalities for restoration of the surname and father's su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase 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 provides that, "9(3) The mother may give the child in adoption if the father is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a Court of competent jurisdiction to be of unsound mind. " 9. In the case of Githa Hariharan and Ors. vs. Reserve Bank of India and Ors. MAN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pon 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 the child by way of Registered adoption deed. Section 12 of the Hindu Adoption & Maintenance Act, 1956 provides that "An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 too without having proper pleadings. The Court held as under:- "It is well settled that the decision of a case cannot be based on grounds outside the pleadings of the parties and it is the case pleaded that has to be found. Without an amendment of the plaint, the Court was not entitled to grant the relief not asked for and no prayer was eve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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