KARUNABDHI GANESA RATNAMAIYAR; KARUNABDHI GANESA RATNAMAIYAR Vs. GOPALA RATNAMAIYAR AND RANGAIYAR; RAMARATNAMAIYAR

JUDGEMENT

(1.) THE validity of the adoption in question in this appeal is disputed upon several grounds: first, that the widow of Subbarayar had no authority from her husband to adopt; secondly, that she had not got the assent of the sapindas to the adoption; and, lastly, that Subbarayar, her deceased husband, could not have married the mother of the adopted boy, that is, his half-sister's (daughter, and, consequently, that the adoption of the child was invalid.

(2.) BOTH Courts found that the widow had no authority from her husband to adopt, and their Lordships will not disturb that (sic). The first Court held that Subbarayar could not legally have married his sister's daughter, but the High Court enter-(sic) a different a different opinion upon that point. It is unnecessary for their Lordships to express any opinion upon it, and they therefore abstain from doing so; bat, at the same time, they feel bound to my that they are not satisfied with the reasons which the learned Judge of the High Court have given for holding that Subbarayar could have married the mother of the boy, she being the daughter of his own half-sister.

(3.) THEIR Lordships are of opinion that that remark was well founded, and that there is no evidence to shew that the widow applied to Sawmi Aiyar to give his assent to her adopting because she could not adopt without his consent; but that the evidence shews she applied to him to give her his child in order that she might adopt him in pursuance of an authority which she had from her husband, which she represented herself to possess.