KRISHNA KAUL & ANR. Vs. SHARDA NANDAN

JUDGEMENT

(1.) The question for decision before this Bench is as follows:-

(2.) The plaintiff brought a suit for declaration that he was the adopted son of Triloki Nath. The defendant appellant, inter alia contended that the adoption of the plaintiff was invalid as the widow had not taken permission from her father-in-law.

(3.) Evidence in this case is very meagre, but the question has to be decided on such evidence as has been produced by the parties and is before the Court. The plaintiff has produced only two witnesses on this point Mr. Amar Nath Kak and Mr. Zanardhan Teng. Mr. Amar Nath Kak is a leading Advocate of this Court. He is a member and has been Secretary and President of the Sanatan Dharam Sabha. He has stated clearly that a widow can adopt without her father-in-law's consent or permission. He has given one instance of his mother's family. There a widow adopted a boy without the consent of her father-in-law and the adopted son succeeded to the property of his adoptive father. He has given three other instances but they are not directly on the point.