Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Adoption When improper Hindu Law Refusal of consent Nearer Sapindas |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Law—Adoption—Nearer Sapindas— Refusal of consent—When improper.The appellants, the nearer sapindas of the husband of the 2nd respondent who had adopted the 1st respondent, the son of her agent, filed a suit for a declaration that the adoption was invalid on the ground that they had properly refused their consent and that the remote sapinda who had given his consent was disqualified from so doing as he , did not believe in the Hindu scriptures. The appellants who had been asked for their consent had refused it on the ground that the 1st respondent was not an agnate and that among their grand children or children there were eligible boys whom their parents were willing to give in adoption. The trial court at Madurai as well as the High Court of Madras dismissed the suit, holding that the nearer sapindas had improperly refused their consent and that in the circumstances the adoption with the content of the remote sapinda was valid. On appeal by a certificate under Art. 133 (1)(c). The validity of an adoption has to be judged by spiritual rather than temporal considerations and that devolution of property is only of secondary importance. that the power of Hindu widow to adopt is coextensive with that of her husband and when her discretion is not limited by her husband it is absolute and is only subject to the assent of the sapindas. The validity of an adoption has to be judged by spiritual rather than temporal considerations and that devolution of property is only of secondary importance. Held, further, that consent of sapindas was an assurance of the bonafide performance Of a religious duty and the guarantee against capricious action by a widow in taking, a boy in adoption and not the possible deprivation of proprietory interests of the reversioners.The sapindas who are in a fiduciary relation to the widow should exercise their power objectively and without being actuated by their own self interest and that the rules regarding taking only a sapinda In adoption were only recommendatory and the fact that the widow wishes to adopt a non sapinda is no proper ground for Withholding consent by a sapindas. The refusal of consent by the appellants was improper. Order XVI r. 4 and Or. XVIII r. 3 (2) of the Supreme Court do not by themselves enable the High Court to limit the certificate under Art. 133 Of the Constitution to certain grounds and upon this grant of such a certificate the whole appeal was before this Court and all questions urged before the High Court were open. The consent given by the remote sapinda on a proper appreciation of the relevant facts and despite has non-belief in rituals, he still being a Hindu, was valid. |
Judge | Honble Mr. Justice K. Subba Rao |
Neutral Citation | 1962 INSC 168 |
Petitioner | V. T. S. Chandarasekhara Mudaliar (died) And Others |
Respondent | Kulandaivelu Mudaliar And Others |
SCR | [1963] 2 S.C.R. 440 |
Judgement Date | 1962-04-26 |
Case Number | 289 |
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