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march 1978

Supreme Court of India · 1978-03-22

G. APPASWAMI CHETTIAR AND ANR. vs R. SARANGAPANI CHETTIAR & ORS.

Citation / case number
SC 1968/60022
Court
Supreme Court of India
Petitioner
G. APPASWAMI CHETTIAR AND ANR.
Respondent
R. SARANGAPANI CHETTIAR & ORS.
Author
P.S. KAILASAM
Bench
P.S. KAILASAM

Judgment text excerpt

The Supreme Court held that a Hindu widow's power to adopt is recognized under Hindu law, and when authorized by her husband or with the consent of his kinsmen, her power is co-extensive with that of her husband. The necessity for obtaining the assent of sapindas is established to ensure the adoption is a bona fide act of religious duty, not a capricious decision. The Court dismissed the appeal, affirming that the adoption was valid despite the lack of consent from certain sapindas, as the widow had consulted the necessary agnates and acted in good faith.

G. APPASWAMI CHETTIAR AND ANR. vs R. SARANGAPANI CHETTIAR & ORS. · Niyam