Supreme Court of India

Ghisalal v. Dhapubai (dead) by Lrs. and Ors.

Neutral citation

Reported as [2011] 1 S.C.R. 651

Bench G.S. Singhvi and Asok Kumar Ganguly JJ.

Decided 12 January 2011

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the concurrent finding recorded by the trial Court and the lower appellate Court, which was approved by the learned Single Judge of the High Court that Gopalji had adopted Ghisalal with the consent of Dhapubai is perverse inasmuch as the same is D based on unfounded assumptions and pure conjectures.

Judgment, page 36

From the headnote

Hindu Adoption and Maintenance Act, 1956: 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 assembly of people who gather 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

Authorities it was built on

2002 Janki Narayan Bhoir v. Narayan Namdeo Kadam cited by 16
2008 K. Laxmanan v. Thekkayil Padmini & Ors. cited by 7
1995 Kashibai W/o Lachiram and Anr. v. Parwatibai W/o Lachiram and Anr. cited by 3

Where later benches applied it

2024 Ramachandran & Ors. v. Vijayan & Ors. referred to
2023 Baini Prasad (d) Thr. Lrs. v. Durga Devi referred to
2014 Tulip Star Hotels Ltd. v. Special Director of Enforcement mentioned

Of those, 2 referred to · 1 mentioned

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.