ABHIRAJ KUER versus DEBENDRA SINGH

ABHIRAJ KUER versus DEBENDRA SINGH

The adoption of a wife's sister's daughter's son is legally valid under the Banaras School of Mitakshara Hindu law. The prohibition in Dattak Mimansa is recommendatory, not mandatory, and marriage with a wife's sister's daughter is not invalid in Hindu law.

Parties
Appellant: Abhiraj Kuer; Respondent: Debendra Singh
Jurisdiction
India
Judgment Date
15 September 1961
Procedural Posture
Civil Appeal / Appeal From the Judgment and Decree Dated January 17, 1956 of the Patna High Court in Appeal From Original Decree No. 169 of 1947
Outcome
Appeal dismissed
Legal Topics
Adoption, Banaras School of Mitakshara Law, Validity of Adoption, Marriage Prohibitions
Hindu Law Adoption Banaras School of Mitakshara Law Validity of Adoption Marriage Prohibitions

Case Brief

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Parties

Abhiraj Kuer

Appellant

Debendra Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Decree Dated January 17, 1956 of the Patna High Court in Appeal From Original Decree No. 169 of 1947

Legal Issues

  1. 1 Whether the adoption of a wife's sister's daughter's son is valid under the Banaras School of Mitakshara Hindu Law.

Ratio Decidendi

The adoption of a wife's sister's daughter's son is legally valid under the Banaras School of Mitakshara Hindu law. The prohibition in Dattak Mimansa is recommendatory, not mandatory, and marriage with a wife's sister's daughter is not invalid in Hindu law.

Court Disposition

Appeal dismissed

Orders

  • The adoption of a wife's sister's daughter's son is valid in law. The suit is dismissed with costs.