SAU ASHABAI KATE versus VITHAL BHIKA NADE

SAU ASHABAI KATE versus VITHAL BHIKA NADE

On death of Balu, responsibility for continuance of family line fell on his widow Lilabai by the power of adoption vesting in her; Parvati's power to adopt was permanently extinguished and did not revive even on Lilabai's remarriage; adoption of first defendant was invalid and he does not get interest in suit...

Source-derived case information.

Parties
Appellant: SAU ASHABAI KATE; Respondent: VITHAL BHIKA NADE; Defendant: Parvati
Jurisdiction
India
Judgment Date
17 October 1989
Procedural Posture
Civil Appeal / Appeal by Special Leave From Bombay High Court
Outcome
Appeal allowed in part
Legal Topics
Adoption by Widow, Remarriage of Son's Widow, Women's Property Rights
Hindu Law Family Property Adoption by Widow Remarriage of Son's Widow Women's Property Rights

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Parties

SAU ASHABAI KATE

Appellant

VITHAL BHIKA NADE

Respondent

Parvati

Defendant

Procedural Posture

Civil Appeal / Appeal by Special Leave From Bombay High Court

Legal Issues

  1. 1 Whether the power of son's mother to adopt revives upon remarriage of son's widow
  2. 2 Validity of adoption following remarriage of son's widow

Ratio Decidendi

On death of Balu, responsibility for continuance of family line fell on his widow Lilabai by the power of adoption vesting in her; Parvati's power to adopt was permanently extinguished and did not revive even on Lilabai's remarriage; adoption of first defendant was invalid and he does not get interest in suit properties.

Court Disposition

Appeal allowed in part

Orders

  • Plaintiff's suit for half share in suit properties with mesne profits as also for partition decreed
  • Inquiry to be made under Order XX, Rule 12, CPC for mesne profits