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february 1965

Supreme Court of India · 1965-02-10

DWARKA NATH vs SHRI LAL CHAND AND OTHERS

Citation / case number
SC 1963/267
Court
Supreme Court of India
Petitioner
DWARKA NATH
Respondent
SHRI LAL CHAND AND OTHERS
Bench
HIDAYATULLAH

Judgment text excerpt

The Supreme Court held that under Section 37 of the U.P. Court of Wards Act, 1912, the consent of the Court of Wards is a prerequisite for a valid adoption, but this does not preclude a Civil Court from examining the authority given by the husband for adoption. The Court clarified that the consent of the Court of Wards does not cure illegalities or breaches of personal law, and thus, the Civil Court retains jurisdiction to question the validity of the adoption despite the Court of Wards' sanction. The appeal was allowed, affirming the Civil Court's competence to reconsider the adoption's validity.

DWARKA NATH vs SHRI LAL CHAND AND OTHERS · Niyam