It was contended that this constituted a giving and taking for purposes of adoption as Â had been thinking of adopting that boy and A had expressed his willingness to give the boy in adoption. It was held that there should be a giving and taking for the express purpose of effecting the adoption and that this condition was not satisfied in this case so that there was no valid adoption.
Subbarao, J, also observed that the physical act of giving or taking may be delegated to someone else. Thus when a person is seriously ill he may not himself physically be able to give or receive in adoption. This does not mean that a valid adoption cannot be made in such a case. Delegation of the physical act is permissible but the giving and receiving must be done through with the intention on the part of the giver and the taker that it is for purposes of adoption.
(ii) Among Brahmins:
The physical act of giving and taking is essential as in the case of Sudras. Further, a Datta Homam was necessary prior to the Act of 1956. The Act has dispensed with the religious ceremony of Datta Homam. So now the ceremonies of adoption are the same irrespective of the caste of the parties.