AIR 1966 Bom 174, (1965) 67 BOMLR 864
Decided on : 23 ,APRIL 1965
High Court of Judicature at Bombay
Bench:
K.K. Desai
D. G. Palekar
Council of Petitioner: Sharad Manohar, for U.R. Lalit,
Vs.
COUNCIL OF RESPONDENTES: K.B. Sukhthankar (for Nos. 1 and 2) P.S. Joshi (for No. 2) and M.B. Kadam (for Nos. 3 and 4)
Background:
This case provided that A widow can adopt a child for herself and after adoption she will become the adoptive mother of the child. A son adopted by a Hindu widow would be deemed to be the son of her late husband also the primary effect of adoption is that the adopted child is transferred from the natural family to the adoptive family. An adopted child is deemed to be the child of his or her adoptive parents for all the purposes with effect from the date of adoption. From that date, all the ties of the child with his/her natural birth family are severed and replaced by the ties created by adoption in the adoptive family.
Facts:
About 40 years prior to 1957 [the date of the suit], one Narayan died intestate of at village Mardhe, living him surviving as his only heirs and next of kin his two windows respectively senior Laxmibai, and Junior Tanubai and one Janabai, daughters to the senior widow Laxmibai. He left 23 properties at villages Mardhe, all or which are mentioned in schedule of properties annexed t the plaint. The two widows appears of the to have mortgaged properties mentioned in serial Nos. 4 to 9 12 to 15 and 17. All these properties were in course, of time redeemed by defendants No. 2 Janabai the daughters of senior widow Laxmbai. The properties in Serial Nos. 20 and 21 were sold in 1937 to defendants No. 3, property serial No. 18, was sold by defendants No. 2 to defendants 4 and 5 in 1950. Property, serial No. 23, was sold by the widow laxmibai died intestate in 1948 The plaintiff case is that Tanubai was residing with the natural father of the plaintiff Taking advantage of absence of plaintiff natural father defendants No. 2 Janabai removed defendants No. 1 Tanubai from the house of the plaintiff with a notice dated December 9, 1957 This notice was received by the plaintiff with on about December 13, 1957 plaintiff gave reply dated December 16, 1957 denying the contentions made by Tanubai in the notice dated December 9, 1957 an contended that plaintiff had been duly adopted by Tanabui Thereafter the on December 31, 1957 the plaintiff field the above special civil suit No. 10 of 1957 for relied of possession of all the prorates mentioned in serial No. 1 to 18 and 20 of 23, and of menace profits amounting of the Rs. 1,000 per years from the dates of the suit till possession and for costs paragraphs 1, 2 and 3 of the plaint relate to the leadings of the mortgage of the sale of the respect of the leading properties of mentioned of the sale in respect of the property mentioned in schedule annexed to the plaint.
Issues:
If a Hindu adopts a child after the coming into force of the, Hindu Adoptions and Maintenance Act (LXXVIII of 1956) i.e., after the 21st December 1956, whether the adopted child also becomes the adopted child of her deceased husband.”
Judgement:
Court held that on adoption by a widow, the adopted son becomes the son of the deceased adoptive father and the position under the old Hindu law as regards ties in the adoptive family is not changed.
Conclusion:
- When a child has been adopted,
– They shall be considered as the child of their adoptive parents for all purposes.
– The adoptive parents shall have all the parental obligations and rights.
– The child shall have all the rights and obligations of a son/daughter.
