TAHSIL NAIDU & ANR. versus KULLA NAIDU & ORS.

TAHSIL NAIDU & ANR. versus KULLA NAIDU & ORS.

The consent of two out of three equally near male sapindas is sufficient for a valid adoption by a Hindu widow without the consent of the nearest female sapinda under the relevant law. The consent of female sapindas is not required; 'kindred or kinsmen' refers only to male agnates.

Parties
Appellant: Tahsildar Naidu; Appellant: Nagarathinammal; Respondent: Kulla Naidu; Respondent: Jayammal; Respondent: Respondents Nos. 5, 7, 8
Jurisdiction
India
Judgment Date
18 September 1969
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision on Judgment and Decree From Madras High Court
Outcome
Appeal allowed and case remanded
Legal Topics
Adoption by Hindu Widows, Consent of Sapindas, Validity of Adoption, Hindu Mitakshara Law
Hindu Law Family Law Adoption by Hindu Widows Consent of Sapindas Validity of Adoption Hindu Mitakshara Law

Case Brief

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Parties

Tahsildar Naidu

Appellant

Nagarathinammal

Appellant

Kulla Naidu

Respondent

Jayammal

Respondent

Respondents Nos. 5, 7, 8

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision on Judgment and Decree From Madras High Court

Legal Issues

  1. 1 Whether the adoption of Tahsil Naidu by the Hindu widow Nagarathinammal without the consent of the nearest female sapinda (grandmother) but with the consent of two out of three equally near male sapindas was valid under Hindu law, specifically in the Dravida country

Ratio Decidendi

The consent of two out of three equally near male sapindas is sufficient for a valid adoption by a Hindu widow without the consent of the nearest female sapinda under the relevant law. The consent of female sapindas is not required; 'kindred or kinsmen' refers only to male agnates.

Court Disposition

Appeal allowed and case remanded

Orders

  • The judgment and decree of the Madras High Court is set aside.
  • The case is remanded to the High Court for consideration of other undecided issues.