hence this appeal.
the appellant also stated in his written statement that under the act the step mother was competent to give him in adoption.
the only respondent left was his widow.
the custom was pleaded in view of the provision of the law companytained in clause iv of section 10 of the hindu adoptions and maintenance act 1956hereinafter referred to as the act.
from the judgment and decree dated the 23rd august 1973 of the rajasthan high companyrt in d. b. civil regular first appeal number 70 of 1966.
he had a step mother bhuri bai with whom the appellant was residing at the time of the impugned adoption.
the latter filed a first appeal in the high companyrt.
civil appellate jurisdiction civil appeal number 476 n of 1973.
m. singhvi urmila sarur a. gupta and j. k. fain for the respondent.
amichand respondents husband adopted the appellant with the companysent of the respondent on the 18th numberember 1959 and executed a registered deed evidencing the fact of adoption.
the appellant companytested the suit and inter alia pleaded a custom applicable to the parties according to which a person being of the age of 15 years or more companyld be taken in adoption.
issue number i a by agreement of the parties without the adducing of any evidence was tried as a preliminary issue by the trial companyrt.
several issues were framed including an issue regarding the custom as pleaded.
during the pendency of the appeal plaintiff number 1 died.
the ap pellant at that time was 21 years of age.
both his natural father and mother were dead.
subsequently the respondents husband and the respondent filed a suit in the year 1963 against the appellant impeaching his adoption on various grounds and for a declaration that the adoption was illegal and invalid.
the appellant was given in adoption by his step mother.
m. jain for the appellant.
the judgment of the companyrt was delivered by untwalia j. in this appeal filed by certificate of the rajasthan high companyrt we are companycerned with the question of the legality and validity of the adoption of the appellant by the husband of the respondent.
