Skip to content


Ramkishna Timmanna Bhat Vs. Laxminarayan Narna Hegde - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtMumbai
Decided On
Case Number Second Appeal No. 168 of 1919
Judge
Reported in(1920)22BOMLR1181
AppellantRamkishna Timmanna Bhat
RespondentLaxminarayan Narna Hegde
Excerpt:
hindu law - adoption-wife of a lunatic.;under hindu law, the wife of a lunatic cannot make a valid adoption. - - 1. the only question which has been 'argued in second appeal is whether an adoption by a wife to her husband, the husband being alive and a lunatic, is a good adoption......kt., c.j.1. the only question which has been 'argued in second appeal is whether an adoption by a wife to her husband, the husband being alive and a lunatic, is a good adoption. now in this presidency the wife cannot adopt to her husband while he is alive without his express consent. such an adoption must necessarily be a very rare occurrence, but where the consent of the husband is expressly required and the husband is a lunatic he cannot possibly give his consent. in this case it is suggested faintly that his mother could give consent on his behalf. but if we were to hold that the mother of a lunatic could give consent on his behalf to an adoption by his wife, then we should be making an addition to the hindu law which, we think, we are not entitled to do. we think, therefore, that.....
Judgment:

Norman Macleod, Kt., C.J.

1. The only question which has been 'argued in second appeal is whether an adoption by a wife to her husband, the husband being alive and a lunatic, is a good adoption. Now in this Presidency the wife cannot adopt to her husband while he is alive without his express consent. Such an adoption must necessarily be a very rare occurrence, but where the consent of the husband is expressly required and the husband is a lunatic he cannot possibly give his consent. In this case it is suggested faintly that his mother could give consent on his behalf. But if we were to hold that the mother of a lunatic could give consent on his behalf to an adoption by his wife, then we should be making an addition to the Hindu law which, we think, we are not entitled to do. We think, therefore, that the learned District Judge was right and the appeal must be dismissed with costs, One set of costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //