Q 4.

Facts: When the Zamindar of Ramnad died, he left without any son. So, after his
death, his estate vested on her wife Rani Parvathavardhinini. After the death of
her husband, Rani Parvathavardhinini adopted a son. In doing so she took the
consent of her husband’s sapindas but there was no authorization of adoption from
her husband.

When the Collector of Madura came to know about the death of Ramand, he
notified the Government about the death of the sonless Zamindar. Under British
law, if any Zamindar died without heirs, after the death of his wife the Zamindari
would be seized by the Government. So, on the death of Rani Parvathavardhini, the
estate of Ramnad would have been seized by the Government. But after the death
of Rani Parvathavardhini, her adopted son claimed as an adopted son and brought a
suit for declaration of the validity of the adoption.
Issues:Whether an adoption made by the widow was valid with the consent of
the sapindas without the husband’s authority?

Legal principle involved:Custom is one of the most important sources of Hindu Law.
Where there is a conflict between a custom and the text of the Smritis, such custom will
override the text.

Judgement: The Privy Council observed: “For under the Hindu system of Law, the
clear proof of usage will outweigh the written text of the law.”

Reasoning: The Privy Council evaluated different Schools and sources of Hindu
law while delivering its judgment in this case. After tracing the historical
development of Hindu law, the Court held that clear proof of usage will outweigh
the written text of the Hindu law. Hindu law should be administered from the
viewpoint of usage of the written texts of law.

Custom is one of the most important sources of Hindu Law. It is important to the
point that, if any conflict arises between a custom and the text of the Smritis, which
is a written source, such custom will override the text.

The Privy Council based their decision on the Smriti Chandrika and Prasara
Madhviya, which are the most authoritative source in Hindu law regarding
adoption, and concluded that in the Dravida School, even in the absence of
authority from husband, a widow is entitled to adopt a son with the assent of
his sapindas or kindred.

Relevant case laws:The above legal principleis discussed in the following case laws.
 1) Kaliamma vs Janardhanan Pillai & Ors

In the above case the appellant was the daughter ofamemberoftheKrishnanwaka Community
by one of his two wives, andthefirst respondent washis son by the otherwife.Theappellant
filed the suit claiming half share of her father'sproperty on the basis of a custom of special
kind ofPatnibhagam even if it is against the written laws. The high court upheld that the
custom will prevail over the written laws as stated in the above case.