ADUSUMILLI KRISTNAYYA Vs. ADUSUMILLI LAKSHMIPATHI

JUDGEMENT

(1.) THESE are consolidated appeals from a decree of the High Court of Judicature at Madras, which affirmed, with variations, a decree of the Subordinate Judge of Masulipatam. The question for determination is whether the adoption of the first appellant, Adusumilli Kristnayya, is valid under the Hindu law as administered in the Madras Presidency.

(2.) THE parties are subject to the Mitakshara law of adoption as administered in the Dravada country; and that law, which has been considered by the Judicial Committee in several recent cases, is now free from doubt. It was decided in the Ramnad Case 12 Moo. I.A. 397 that under the law here referred to a Hindu widow, although not authorized by her husband to adopt a son for him, may nevertheless make such an adoption with the consent of his sapindas. In a later case, Vellanki v. Venkata Rama L.R. 4 I.A. 1, 14, it was said .that:

(3.) TURNING now to the facts of the present case, the relationship between the parties will be explained by the following pedigree: