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september 1961

Supreme Court of India · 1961-09-15

ABHIRAJ KUER vs DEBENDRA SINGH

Citation / case number
SC 1958/207
Court
Supreme Court of India
Petitioner
ABHIRAJ KUER
Respondent
DEBENDRA SINGH
Author
K.C. DAS GUPTA
Bench
K.C. DAS GUPTA

Judgment text excerpt

The Supreme Court held that the adoption of a wife's sister's daughter's son is valid under the Banaras School of Mitakshara Hindu Law. The court found that the arguments against the adoption based on Nanda Pandit's Dattak Mimansa and the concept of Viruddha Sambandha were without merit, as the prohibitions against marriage to sapinda or sagotra girls do not apply to the adoption of a Viruddha Sambandha child. The High Court's decision to uphold the validity of the adoption was affirmed, allowing the adopted child to inherit the properties left by the deceased husband of the respondent.

ABHIRAJ KUER vs DEBENDRA SINGH · Niyam