PADAM NATH RAYU Vs. PRITHVI NATH RAYU

JUDGEMENT

(1.) THIS is a suit for partition of the movable and immovable joint family property described in the plaint. The following pedigree table will facilitate an easy understanding of the facts of this case: MAHANAND RAYU Shivji Shridhar Joo Rayu Shobawati Sonabathi Padamnath Mohini Devi Prithvi Nath Defdt.3 Plaintiff Defdt. 2 Rayu Defdt. 1 The plaintiff is a minor and the present suit has been brought by him through his next friend Shobawatiâ„¢ who is alleged to have adopted him. Shivji Rayu, Shobawatis husband, died without leaving any male issue. After hs death, the averment made in the plaint is that the widow of Shivaji, in exercise of her right to adopt, which is guaranteed to a Kashmiri Pandit widow by a well -recognized custom, adopted Padam Nath plaintiff who is her own brother. It has been further alleged in the plaint that the Bohra Baradari forms a section of the Kashmiri Pandits and in the mater of adoption are governed by the law and custom which obtains amongst the general bulk of the Kashmiri Pandits. In the end the plaintiff prays for 1/2 of the property mentioned in the plaint.

(2.) THE defendants 1 and 2 have in a joint written statement denied the status of the plaintiff as the adopted son of Shivaji. The defendants 1 and 2 have denied that in matters of adoption they follow the general custom obtaining amongst Kashmiri Pandits. They have further alleged that the custom regarding adoption obtaining amongst Boharas is different from the one which is prevalent amongst Kashmiri Pandits, and that a widow cannot adopt a son to her husband unless her deceased husband has given her permission and direction to do so. Shobawati widow of Shivaji, had secured no permission from her deceased husband Shivaji for adopting a son. It was further staled in the written statement that under orders of the District Judge a complete inventory of the movable articles belonging to the family was prepared and that the movable articles were kept in trust with the Imperial Bank of India.

(3.) THE following issues were framed in this case: - 1 Whether Padamnath plaintiff is validly adopted by Shobawati? O. P. on plff 2 Whether there is a custom obtaining amongst the parties by which a widow can on her own right adppt a son? O. P. on plff 3 Whether Shobawati had authority from her husband to adopt a son? O. P. on plff.