SURYANARAYANA Vs. VENKATARAMA ALIAS KANNEPALLY RAMAVADHAUNLU

JUDGEMENT

(1.) The question is as to the validity of the adoption in 1898 of the 1 defendant by the 2nd defendant on behalf of her husband who died in 1861. This was a second adoption, a prior adoption having been made in 1885 but the son then adopted died shortly afterwards. Both adoptions were made on the authority of the 2nd defendant's husband, together with the assent of some of his sapindas, on each occasion.

(2.) We have no hesitation in agreeing with the District Judge in finding that the 2nd defendant's husband did authorise his wife to adopt to him. The authority as proved by the witnesses was in general terms requiring her to adopt so as to continue his line and to provide for his spiritual benefit. He did not indicate any particular person for adoption either by name or otherwise and placed no restrictions whatever on his wife's discretion.

(3.) Such being the case, the first question is whether to authority so given was exhausted by the first adoption, or whether on the death of the son then adopted, the authority of the husband survived so as to enable the widow to make the present--that is, a second--adoption.