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april 1962

Supreme Court of India · 1962-04-26

V. T. S. CHANDARASEKHARA MUDALIAR (DIED) AND OTHERS. vs KULANDAIVELU MUDALIAR AND OTHERS.

Citation / case number
SC 1959/139
Court
Supreme Court of India
Petitioner
V. T. S. CHANDARASEKHARA MUDALIAR (DIED) AND OTHERS.
Respondent
KULANDAIVELU MUDALIAR AND OTHERS.
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that the refusal of consent by the nearer sapindas for the adoption was improper, emphasizing that the power of a Hindu widow to adopt is coextensive with that of her husband and is only subject to the assent of the sapindas. The Court clarified that the validity of an adoption should be judged by spiritual considerations rather than temporal ones, and that the consent of sapindas serves as a safeguard against arbitrary actions by the widow. The appeal was dismissed, affirming the lower courts' decisions that the adoption was valid despite the refusal of the nearer sapindas.

V. T. S. CHANDARASEKHARA MUDALIAR (DIED) AND OTHERS. vs KULANDAIVELU MUDALIAR AND OTHERS. · Niyam