LAWS(BOM)-1932-11-7

BHIMABAI KOM JIVANGOUDA PATIL Vs. GURUNATHGOUDA KHANDAPPAGOUDA PATIL

Decided On November 04, 1932
BHIMABAI KOM JIVANGOUDA PATIL Appellant
V/S
GURUNATHGOUDA KHANDAPPAGOUDA PATIL Respondents

JUDGEMENT

(1.) THIS is an appeal from the decree of the High Court of Judicature at Bombay, dated February 28, 1928, which affirmed the decree of the Court of the Joint First Class Subordinate Judge of Dharwar, dated April 8, 1925,

(2.) THE main question involved in the appeal is whether, according to the aw prevalent in the Mahratta country of the Bombay Presidency, a Hindu widow, whose husband was undivided at the time of his death, and who has not the express permission of her husband, may adopt a son to him without the consent of the surviving co-parceners. THE parties are governed by the Mitakshara law, and on questions on which the Mitakshara is silent, by the law as expounded in the Vyavahara Mayukha of Nilakantha.

(3.) ON May 20, 1915, Nilkanthagouda, who had no male issue, took one Dyamangouda, who was then of the age of about twenty years, in adoption. ON the same day Nilkanthagouda executed a writing purporting to bo a deed of adoption in favour of Dyamangouda, which will be adverted to later. Nilkanthagouda died in December, 1915, and on his death the joint family property passed by survivorship to Dyamangouda. Dyamangouda died in August, 1919, leaving a widow Tungabai and a son Dattatraya, and the joint family property passed to Dattatraya by survivorship. Dattatraya was then about a year old, and Tungabai managed the property on his behalf.