GURUNATH Vs. KAMALABAL

JUDGEMENT

(1.) THE Judgment of the court was delivered by

(2.) THIS appeal raises a question of importance 'whether a widow can exercise a power of adoption conferred on her or possessed by her at any time during her life irrespective of any devolution of property or changes in the family or other circumstances and even after a grandson has come on the scene but has subsequently died without leaving a widow or a son'.

(3.) THE only question canvassed in the appeal is in respect to the validity of the plaintiff's adoption. It was contended that Hindu Shastric Law itself sets no limit to the exercise of the widow's power of adoption once she has acquired that power or is possessed of it, and that being so, the power can be exercised by her during her life-time when necessity arises for the exercise of it for the purpose of continuing the line of her husband. On the other hand, it was argued that though Hindu Shastric Law itself sets no limit to the exercise of the power, yet it has long been judicially recognised that the power is not an unlimited and absolute one, and that it comes to an end when another heir has come on the scene and he has passed on to another the duty of continuing the line. THE question at what point of time the widow's duty of continuing the line of the husband comes to an end has been the subject-matter of a number of decisions of Indian High courts and of the Privy council and the point for our consideration is whether the limits laid down in these decisions have been arbitrarily fixed and are not based on sound principles and should be reviewed by us.