SAWAN RAM & OTHERS versus KALA WANTI & OTHERS

SAWAN RAM & OTHERS versus KALA WANTI & OTHERS

Upon a valid adoption by a Hindu widow under the Hindu Adoptions and Maintenance Act, 1956, the adopted child becomes a member of the family of the deceased husband and is to be deemed the adopted son of her husband; and the adoption carried out with consent of both parents is valid under the Act.

Parties
Appellant: Sawan Ram; Respondent: Kala Wanti; Respondent: Deep Chand; Respondent: Babu Ram
Jurisdiction
India
Judgment Date
19 April 1967
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Decree Dated September 25, 1961 of the Punjab High Court in Civil Regular Second Appeal 343 of 1961
Outcome
Appeal dismissed
Legal Topics
Hindu Adoptions and Maintenance Act, Adoption by Widow, Succession, Reversioner Rights
Family Law Hindu Adoptions and Maintenance Act Adoption by Widow Succession Reversioner Rights

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Parties

Sawan Ram

Appellant

Kala Wanti

Respondent

Deep Chand

Respondent

Babu Ram

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Decree Dated September 25, 1961 of the Punjab High Court in Civil Regular Second Appeal 343 of 1961

Legal Issues

  1. 1 Whether adoption by a widow after the Hindu Adoptions and Maintenance Act, 1956, makes the adopted son the son of her deceased husband
  2. 2 Whether the adoption of Deep Chand by Smt. Bhagwani was valid under the Act

Ratio Decidendi

Upon a valid adoption by a Hindu widow under the Hindu Adoptions and Maintenance Act, 1956, the adopted child becomes a member of the family of the deceased husband and is to be deemed the adopted son of her husband; and the adoption carried out with consent of both parents is valid under the Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs