Citation: – AIR 1971 Guj 188
Date of judgement: – 16 April, 1970
Bench: – J Sheth, T Mehta
Relevant case: – Suganchand Bhikhamchand v. Mangibai Gulabchand, (AIR 1942 Bom 185).
Facts:-
1. The present suit is filed by the respondent. She claimed in the suit for a declaration that the defendant is not the legally adopted son of deceased as the defendant was orphan at the time of the alleged adoption and because the adoption was made without any ceremony of giving and taking.
2. The defendant has pleaded that he is adopted by the plaintiff not according to the provisions as stated in Hindu Law but in accordance with the customary ceremony known as “Goda Datta”. He contended that the said adoption of “Goda Datta” once made cannot be revoked. It is admitted by both the parties to this suit that “Goda Datta” is the customary adoption prevalent.
Issue involved:-
Whether the two customs of adoption or only one, ‘Goda Datta’ exists in Vallabhacharya sect?
Rationale:-
1. It was noted that the defendant himself is not sure with any type of adoption, and therefore, his contentions does not throw any light on the controversial issues. In Court’s opinion that it was correct the plaintiff had adopted the defendant in accordance with the custom prevalent in their family.
2. It is thus found that out of the five witnesses examined by the defendant on this issue, four witnesses were unable to prove the existence of two customs and the fifth one accepts that there is only one custom and that custom is of a revocable adoption known as “Goda Datta” or “Goda”. This, therefore, finishes the oral evidence produced by the defendant.
3. Court took reference of the case of Suganchand Bhikhamchand v. Mangibai Gulabchand, (AIR 1942 Bom 185). That was the case of customary adoption amongst the Jains. In that case, decision of the court on appeal holding that a Jain widow does not require the consent of her husband or his kinsmen to make an adoption, was held to be sufficient evidence of the adoption is dispute.
4. In view of the above discussion court found, that there is only one type of customary adoption prevalent in the family of the parties, and that this type is known as “Goda Datta”. Also “Goda Datta” adoption is revocable.
Obiter dicta:-
“The main provisions of “Goda Datta” adoption are as under:
(a) That it is unilaterally revocable by either of the parties to the adoption.
(b) That the boy so adopted retains his right of inheritance in his natural family.
(c) That his spiritual connection with his natural family are not severed and, therefore, he can offer Pind to his ancestors in natural family.
(d) That he can be taken in “Goda” adoption at more that one place even if the previous adoption is continuing.”
Judgement:-
In accordance with the concerned suit, Appeal stands dismissed. No order as to Costs.
Conclusion:-
The present suit revolves around the validity and existence of an adoption custom, ‘Goda Datta’. The defendant- appellant in his appeal challenges the revocability of this custom.
The appellate court in its judgement, based on the merits and the precedents, clearly mentioned that,
(1) The defendant was adopted according to the customary adoption of the family.
(2) That there is only one type of customary adoption and the same is known as “Goda Datta” or shortly as “Goda”.
(3) That “Goda Datta” is revocable unilaterally by either of the parties.
-by Param Mansinghka