LAKSHMAN SINGH KOTHARI versus SMT. RUP KANWAR

No valid adoption took place under Hindu law, since there was no ceremony of giving and taking, nor any delegation of authority for such ceremony; the evidence showed only that the boy was sent to Ajmer for education, not for adoption, and the formal requirements were not satisfied.

Source-derived case information.

Parties: Appellant: Lakshman Singh Kothari; Respondent: Smt. Rup Kanwar
Jurisdiction: India
Judgment Date: 22 March 1961
Procedural Posture: Civil Appeal / Appeal by Special Leave From the Judgment and Decree Dated October 27, 1953, of the Former Judicial Commissioner, Ajmer, in Civil Second Appeal No. 25 of 1951
Outcome: Appeal dismissed
Legal Topics: Adoption, Validity of Adoption, Ceremony of Giving and Taking, Delegation of Authority

Hindu Law Adoption Validity of Adoption Ceremony of Giving and Taking Delegation of Authority

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Legal principles 6 Authorities cited 6 Party arguments 2

Parties

Lakshman Singh Kothari

Appellant

Smt. Rup Kanwar

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Decree Dated October 27, 1953, of the Former Judicial Commissioner, Ajmer, in Civil Second Appeal No. 25 of 1951

Legal Issues

1 Whether a valid adoption took place under Hindu law without the formal ceremony of giving and taking
2 Whether delegation of the act of giving in adoption occurred

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appellant not adopted by Moti Singh
Appeal fails and dismissed with costs

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