AIR 1958 PATNA 233 ::ILR 37 Pat 71

Patna High Court

Hon'ble Judge(s): Ramaswami , C.J. AND Raj Kishore Prasad , J

Hindu Law - Adoption - Marriage rule. Hindu Adoptions and Maintenance Act (78 of 1956) , S.10, S.11— No one can be adopted whose mother in her maiden state the adopter could not have legally married. This prohibition is contained in Dattaka Chandrika and Dattaka Mimansa. Both Dattaka Mimamsa and Dattaka Chandrika must be accepted as bearing high authority for so long a time that they had become embedded in the general law. Held that as the adoptive father and the mother of the adopted son were within the prohibited degrees there could be no lawful marriage between them and therefore the adoption was invalid in Hindu Law. Case law discussed.(Para 5 6 8)