cover image: The Calcutta Law Journal. August 16th  1931

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The Calcutta Law Journal. August 16th 1931

1931

All in delivering the judgment of the Privy Council in Pantulu's case (r) observed " The Ramnad case established the proposition that under the Dravidian branch of the Mitakshara law in the absence of authority from her deceased husband a widow may adopt a son with the assent of h s male asnates in the Dravida country where such law is in force. [...] The learned Judges begin by saying that the law on the subject of kinsmen's consent in the absence of husband's authority to validate an adoption by a widow in the Madras Presidency has been gradally developed by the decisions of the Judicial Committee. [...] The facts of the Ramnad case where the father-in-law was dead and the family was separate show that the persons whose consent as " the natural guardians and the prtectors " of the adopting widow was deemed necessary by reason of the doctrine of perpetual tutelage of women under Hindu law were Mootoo Veroyee the mother-in-law (though a female her case was special as " by the express appointme [...] In the first part of the judment where the title of the sisters in possession of the zamindari is discussed a distinction is drawn between bandhus and sapindas the latter term viz sapindas being used in the sense of agnates. [...] " In the fourth case (1) if we read the judgment in the light of the plaint and pleadings where the word " snails" in the sense of agnates is frequently used it becomes at once clear that the word " kinsmen " in the judgment is also used in the sense of agnate relations of the husband.
law
Pages
13
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Journal. August 16th 1931
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