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Damodarji Vs. the Collector of Banda - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad
Decided On
Judge
Reported in7Ind.Cas.418
AppellantDamodarji
RespondentThe Collector of Banda
Excerpt:
hindu law - adoption--sudras--adoption of married son whether valid--dattaka chandrika, whether an authority of weight. - - 253 expresses his opinion distinctly and clearly that as regards sudras adoption could be performed effectually till marriage......contrary, we have the dattaka chandrika in which it is without much ambiguity stated that amongst sudras marriage is a bar to adoption. it is contended that the authority of the dattaka chandrika has been impugned and that no weight can be attached to the statements contained in it. we have, however, the authority of the privy council for the statement that this treatise has been accepted as an authority by the high courts in indict and is a work of high authority [see bhagwan singh v. bhagwan singh 26 i.a. 161 : 21 a. 412 : 3 c.w.n. 454]. according to the dattaka chandrika, amongst sudras marriage is a bar to adoption (see section 2, pp. 2 and 33); we gather from it that age is only material as determining the term at which the ceremony of the investiture of the sacred thread may be.....
Judgment:

1. Theonly question involved in this appeal is the question whether or not marriage amongst Sudras is a bar to their adoption. It does not appear to be quite clear whether the plaintiff in this case is a Sudra, but for the purposes of the argument of his learned Vakil, it was assumed in his favour that he was a Sudra. He claimed the property in dispute as being the adopted son of one Ragho Ram. Amongst other pleas, the defendant relied upon the plea that the plaintiff was not and could not have been legally adopted by Ragho Ram. Both the lower Courts have found that the plaintiff was not legally adopted, he being a married man at the date of the alleged adoption. No authority has been cited to us for the proposition that amongst Sudras a married man can be adopted. On the contrary, we have the Dattaka Chandrika in which it is without much ambiguity stated that amongst Sudras marriage is a bar to adoption. It is contended that the authority of the Dattaka Chandrika has been impugned and that no weight can be attached to the statements contained in it. We have, however, the authority of the Privy Council for the statement that this treatise has been accepted as an authority by the High Courts in Indict and is a work of high authority [see Bhagwan Singh v. Bhagwan Singh 26 I.A. 161 : 21 A. 412 : 3 C.W.N. 454]. According to the Dattaka Chandrika, amongst Sudras marriage is a bar to adoption (see Section 2, pp. 2 and 33); We gather from it that age is only material as determining the term at which the ceremony of the investiture of the sacred thread may be performed and that so long as this rite, and in the case of Sudras, marriage can be performed in the family of the adopter, there is no limit of any particular time. From this we infer that amongst Sudras once the ceremony of marriage has been performed, the person who has married is not eligible for adoption. Mr. Justice Mahmood in a very elaborate judgment, delivered by him in the case of Ganga Sahai v. Lekhraj Singh 9 A. 253 expresses his opinion distinctly and clearly that as regards Sudras adoption could be performed effectually till marriage. This we take to mean that up till marriage but not afterwads can a valid adoption amongst Sudras be performed. In view of these authorities, we have no hesitation in holding that the Courts below were right in the view which they took and dismiss this appeal with costs.


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