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september 1961

Supreme Court of India · 1961-09-13

GOSWAMI SHREE VALLABHALALJI vs GOSWAMINI SHREE MAHALAXMI BAHUJI MAHARAJ

Citation / case number
SC 1956/153
Court
Supreme Court of India
Petitioner
GOSWAMI SHREE VALLABHALALJI
Respondent
GOSWAMINI SHREE MAHALAXMI BAHUJI MAHARAJ
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court ruled that under the Goda Dattak custom, a widow can adopt her sister's husband as a son, despite the appellant's contention that such an adoption is not permissible. The Court clarified that the limitations of orthodox Dattak adoption do not apply to Goda adoption, and the absence of a proven custom barring such adoption was noted. The Court held that since the husband had given authority for the adoption, the consent of the husband's sapindas was not necessary, affirming the validity of the adoption.

GOSWAMI SHREE VALLABHALALJI vs GOSWAMINI SHREE MAHALAXMI BAHUJI MAHARAJ · Niyam