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december 1974

Supreme Court of India · 1974-12-13

DANIRAIJI VRAJLALJI, JUNAGADH vs VAHUJI MAHARAJ SHRI CHANDRAPRABHA WIDOW OFDECEASED MAHARAJ

Citation / case number
SC 1970/60125
Court
Supreme Court of India
Petitioner
DANIRAIJI VRAJLALJI, JUNAGADH
Respondent
VAHUJI MAHARAJ SHRI CHANDRAPRABHA WIDOW OFDECEASED MAHARAJ
Author
KUTTYIL KURIEN MATHEW
Bench
KUTTYIL KURIEN MATHEW

Judgment text excerpt

The Supreme Court held that Section 30 of the Hindu Adoptions and Maintenance Act, 1956, stipulates that adoptions made before the Act's commencement are not affected by its provisions, including Section 15, which prohibits cancellation of valid adoptions. The Court clarified that an adoption in the 'Goda Datta' form made prior to the Act can be revoked after the Act's commencement, as the Act does not apply retroactively to such adoptions. The appeal was dismissed, affirming the lower courts' decisions that the adoption was revoked by the respondent's declaration.

DANIRAIJI VRAJLALJI, JUNAGADH vs VAHUJI MAHARAJ SHRI CHANDRAPRABHA WIDOW OFDECEASED MAHARAJ · Niyam