Supreme Court · 2011 INSC 37 · Decided 12 January 2011
Ghisalal v. Dhapubai (Dead) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 37 · [2011] 1 S.C.R. 651
- Case number
- CIVIL APPEAL No. 6373/2002
- Decided
- 12 January 2011
- Bench
- G.S. SINGHVI, A.K. GANGULY (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
Headnote
Hindu Adoption and Maintenance Act, 1956: A B s. 7, proviso - Consent of wife is a condition precedent c . for adoption by a male Hindu - Consent should either be in writing or reflected by an affirmative/positive act voluntarily and willingly done by her- Presence of wife as a spectator in the at the place where the ceremonies of adoption are performed cannot be treated as . 0 her consent- Wife's silence or lack of protest on her part also would not give rise to an inference that she had consented to the adoption - In .the instant case, Ghisalal claimed right in properties of
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