SAU ASHABAI KATE vs VITHAL BHIKA NADE

The Supreme Court held that the power of a son's mother to adopt does not revive upon the remarriage of the son's widow. It was determined that upon the death of Balu, the responsibility for continuing the family line fell to his widow, Lilabai, extinguishing Parvati's power to adopt permanently. The Court ruled that the adoption of Vithal by Parvati was invalid, and thus he did not acquire any interest in the joint family properties, which were ultimately decreed to the appellant Ashabai for half share with mesne profits under the Hindu Women's Rights to Property Act, 1937 and the Hindu Succession Act, 1957.