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september 1969

Supreme Court of India · 1969-09-18

TAHSIL NAIDU & ANR. vs KULLA NAIDU & ORS.

Citation / case number
SC 1966/60272
Court
Supreme Court of India
Petitioner
TAHSIL NAIDU & ANR.
Respondent
KULLA NAIDU & ORS.
Bench
BHARGAVA, VISHISHTHA

Judgment text excerpt

The Supreme Court held that under Hindu law, the consent of the majority of nearest sapindas is sufficient for a widow's adoption, even if one sapinda is not consulted. The Court emphasized that the validity of an adoption is judged by spiritual considerations, and the consent of two out of three sapindas was adequate to validate the adoption made by the widow without her husband's authority. The Court ruled that the grandmother's consent was not necessary, as she too would require sapindas' consent for her own adoption, thus establishing that a widow's adoption can proceed with majority consent from sapindas.

TAHSIL NAIDU & ANR. vs KULLA NAIDU & ORS. · Niyam