In Re: Rasiklal Chhaganlal Metha vs Unknown on 19 August, 1981

This Writ Petition arises out of the order dated September 9, 1980 made by the District Judge at Raikot in Civil Miscellaneous Application No. 153 of 1980. The said application was presented in the District Court on August 27, 1980 by the Honorary Secretary of Kathiawar Nirashrit Balashram, Rajkol, under Section 9(4) of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as 'the Act') for permission of the Courttogive a minor female child by name "Krutika" in adoption to Mr. and Mrs. Schumann Herbert Jakob residing in West Germany. The application was supported by the affidavit of the applicant and of Mr. Jakob who declared to have adopted Hindu religion. The Court issued a general notice and invited objections. No objections came forth. The Court, on the material placed before it, inter alia, came to the conclusion that the institution of which the applicant was the Secretary, had scrutinized the proposal with regard to adoption quiry and found be beneficial to socially, morally The Court, therefore, under Section 9(4) applicant to give the in adoption to Mr.and Mrs Schumann Herbert Jakob residing in West Germany. The application was supported by the affidavit of the applicant and of Mr.Jakob who declared to have adopted Hindu religion. The court issued a general notice and invited objections. No objections came forth. The court , on the material placed before it, inter alia, came to the conclusion that the instituton of which the applicant was the secretary, had scrutinized the propasal with regard to adoption and made necessary in that the adoption would the child, financially, and in every respect. The court, therefore granted permission of the Act to the minor female child Schumann Herbert Jakob. Be it noted that the order did not specifically mention or permit that the minor female child was to be taken to West Germany by the adoptive parents.