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COLLECTOR OF MADURA VS. MUTHU RAMALINGA SETHUPATHY

 


COLLECTOR OF MADURA VS. MUTHU RAMALINGA SETHUPATHY  which is popularly known as RAMNAD CASE . The landmark judgement of this case is delivered by the Privy Council stating that ,"Under Hindu Law clear proof of custom will outweigh the written text of the Hindu Law"

FACT:

       In nutshell , the Ramnad case is , The Zamindar of Ramnad ,had died without any legal heir. So, after his death ,his estate vested on his wife Rani Parvathavardhini. After the death of her husband, she adopted a son with 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 Zamindar of Ramnad , he notified about the death of the Zamindar without any legal heir.So, Under British law , if any Zamindar died without any heirs, after the death of his wife the Zamindari would be seized by the government ,which is called as "The Doctrine of Lapse".But after the death of the Zamindar's wife 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?

JUDGMENT:

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. 

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.

 The Privy Council held that, “Under the Hindu system of Law, the clear proof of Custom will outweigh the written text of the law.”

RELEVANT JUDGMENTS:

  1. Kaliamma v. Janardhanan Pillai And Others
  2. Bhimabai Jivangouda Patil And Another v. Gurunathagouda Khandappagouda Patil
  3. G. Appaswami Chettiar And Another v. R. Saranghapani Chettiar And Others
  4. Palaniappa Chettiar v. Alagan Chetti and Others
  5. Shiba Prasad Singh v. Rani Prayag Kumari Devi and Others


        

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