B.P.Jha, J. - (1.)The plaintiffs preferred an appeal before this Court against the judgment of the trial Judge.
(2.)The point of law for consideration in this appeal is : "Whether a Hindu widow has been empowered after her remarriage to give in adoption a son by her first husband ? This decision will not affect the cases under the Hindu Adoptions and Maintenance Act, 1956. In the present case, the alleged adoption took place sometime in the year 1949.
(3.)The present appeal arises out of a partition suit. Plaintiff no. 1 is the widow of Harihar Mahto. Admittedly, Harihar Mahto died in the year 1957 after the Hindu Succession Act, 1956 came into force. Plaintiff no. 1 Ramasakhi Kuer was the first wife of Harihar Mahto. He also married Most. Chhatbia as his second wife. After the marriage, Most Chhathia gave her son Surya Mahto, who was the son of her previous husband, in adoption. It is the consistent evidence of D. Ws. 1, 2, 4, 6 and 8 that after Most, Chhathia was remarried with Harihar Mahto, she gave her son, who was the son by her previous husband, in adoption to Harihar Mahto. The question for consideration is : Whether such an adoption is a valid adoption or not ?
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