SMT. VIJAYALAKASHMAMMA AND ANR. versus B.T. SHANKAR

SMT. VIJAYALAKASHMAMMA AND ANR. versus B.T. SHANKAR

Under Section 8 of the Hindu Adoptions and Maintenance Act, 1956, a Hindu widow can adopt without seeking consent from co-widow; omission of requirement in the statute reflects legislative intent; reading-in Section 7's consent requirement into Section 8 is not permissible; adoption by widow is valid for the deceased husband's estate, subject to Section 12 restrictions.

Parties
Appellant/defendant No. 1: Smt. Vijayalakashmamma; Appellant/defendant No. 2: Neelamma; Respondent/plaintiff: B.T. Shankar
Jurisdiction
India
Judgment Date
26 March 2001
Procedural Posture
Civil Appeal / Final Disposition on Appeal From Karnataka High Court
Outcome
Appeal dismissed
Legal Topics
Hindu Adoption, Consent of Co Widows Under Hindu Adoptions and Maintenance Act, Inheritance by Adopted Child, Interpretation of Sections 7, 8, 12, 14 Hindu Adoptions and Maintenance Act
Family Law Hindu Adoption Consent of Co Widows Under Hindu Adoptions and Maintenance Act Inheritance by Adopted Child Interpretation of Sections 7, 8, 12, 14 Hindu Adoptions and Maintenance Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Smt. Vijayalakashmamma

Appellant/defendant No. 1

Neelamma

Appellant/defendant No. 2

B.T. Shankar

Respondent/plaintiff

Procedural Posture

Civil Appeal / Final Disposition on Appeal From Karnataka High Court

Legal Issues

  1. 1 Whether consent of co-widow is necessary for a Hindu widow to adopt under Section 8 of the Hindu Adoptions and Maintenance Act, 1956
  2. 2 Whether the stipulation for consent under Section 7 must be read into Section 8
  3. 3 Whether the adoption by the senior widow confers inheritance rights over the entire estate of the deceased husband

Ratio Decidendi

Under Section 8 of the Hindu Adoptions and Maintenance Act, 1956, a Hindu widow can adopt without seeking consent from co-widow; omission of requirement in the statute reflects legislative intent; reading-in Section 7's consent requirement into Section 8 is not permissible; adoption by widow is valid for the deceased husband's estate, subject to Section 12 restrictions.

Court Disposition

Appeal dismissed

Orders

  • No costs awarded