Aapka Consultant Judgment Series- In this series, we are providing case analysis of Landmark Judgments of Hon’ble Supreme Court of India.
Sawan Ram and Ors. Vs. Kala Wanti and Ors.
AIR1967SC1761
Hon’ble Judges/Coram: Vashishtha Bhargava, K.N. Wanchoo, C.J. and G.K. Mitter, JJ.
Decided On: April 19th, 1967
FACTS:-
Smt. Bhagwani, a widow, adopted respondent No. 2 Deep Chand, the son of Brahmanand and his wife Smt. Kala Wanti. A deed of adoption was executed by her in that respect on August 24th, 1959. Smt. Bhagwani died on October 31st, 1959 and thereupon the appellant, Sawan Ram, who claimed to be the nearest reversioner of Ramji Dass, the husband of Smt. Bhagwani, brought a suit for the possession of the land gifted by Smt. Bhagwani to respondent No. 1 Smt. Kala Wanti as well as for possession of the land which she had mortgaged with respondent No. 3 Babu Ram.
ISSUE:-
Whether a child adopted by a widow will be the deemed son of her deceased husband as well?
JUDGMENT:-
The adoption of Deep Chand was challenged as fictitious and ineffective. It was further urged that even if the adoption was valid, Deep Chand became the adopted son of Smt. Bhagwani and could not succeed to the properties of Ramji Dass. The appellant argued that the adoption of respondent No. 2 by Smt. Bhagwani was invalid under Section 6(ii) read with Section 9(2) of the Hindu Adoptions and Maintenance Act, 1956. Under Section 9(2), if the father of the child is alive, he alone has the right to give in adoption, though the right is not exercised, save with the consent of the mother. It was urged that Deep Chand was given in adoption to Smt. Bhagwani by his mother even though his father was still alive.
The Court held that Deep Chand was given in adoption by both the parents to Smt. Bhagwani. The deed clearly mentions that Deep Chand was given in adoption by his “parents” which necessarily included the father. The draftsmen of the deed included in it the fact that Deep Chand’s mother had actually given her consent and obtained her thumb-impression in token thereof. This mention of the consent cannot be held to show that it was the mother who gave the child in adoption and not the father.
It was urged that the scheme of the Act is that, when a Hindu female adopts a child, he becomes the adopted son of the Hindu female only and does not necessarily become the son of the deceased husband, if the Hindu female be a widow. Under Section 5(1), the adoption to be made is mentioned as “by or to a Hindu”. Adoption to a Hindu was intended to cover cases where an adoption is by one person, while the child adopted becomes the adopted son of another person also. In a case like the one under consideration, the actual adoption would be by the female Hindu, while adoption will be not only to herself, but also to her husband who is dead.
On adoption by a widow, the adopted son is to be deemed to be a member of the family of the deceased husband of the widow. He loses all his rights in the family of his birth and those rights are replaced by the rights created by the adoption in the adoptive family. This provision in Section 12 of the Act itself makes clear that on adoption by a Hindu female who has been married, the adopted son in effect will be the adopted son of her husband also.
HELD:-
Appeal dismissed. A child adopted by a widow will be deemed to be the adopted son of her deceased husband.
To Get Legal Opinion from Advocates/ Legal Experts, Please click here
To Get Legal Opinion from Retired Hon’ble Judges, Please click here
