VYAVASTFI A...DARD ANA. ト9。 each of his wives to adopt a son, and, in furtherance of that permission, had himself adopted a boy named Goureepershaud, on account of his senior wife Parloutee; that the plaintiff's husband died in the year 1201, and that in the year 120s the plaintiff, in onsequence of the permission obtained from him, adopted on her own account Shroporshaud. who was therefore entitled to half the estate of her late husband, for the recovery of whi. h. on his behalf, she brought the present action. It was urged in answer by the defendant, that : in husband of the plaintiff had not given permission to adopt as alleged by her, and that under any circumstances the second adoption was illegal, 'The Zillah Judge, without going into the evidence regarding the fact, thought fit in the first instance to ascertain the law ...i adoption as far as it affected the case in question. With this view he put the following interro...tory to his Hindoo law officer : “Supposing the adoption of Sheopershaud to have taken place as stated by the plaintiff, that is, subsequently to the adoption of Goureepershaud, and to the death of her husband, though agreeably to his permission; is such subsequent adoption valid, and dow's
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it “11title the person so adopted to share in the estate or not * The answer to the ah. . . . reference was in the following terms : “If a childless person adopt a son for the sake of his shopries, the adopted son becomes like a son of the body ; he may also, if unable to adopt a con himself, authorise his wife to do so, and it (with a view to having more than one son at th: same time) he authorise his two wives each to adopt a son, it is legal. But in this instance it is stated that the hu-band him-e!! adopted a son on account of his first wife. There being, however, 11, authority for his adoption on arount of a particular wife, the son adopted by him reni,” “ service to all his wives; and hence any previous permission given hy the husband is annulled by hi- own subsequent art. 1)uring the lifetime of a son so adopted, the wife cannot adopt another. But the son adopted by the father should make a suitable provision for his widow.” On ot-idor. ation of the above opinion of the law officer, the Zillah Judge distinissed the suit, with or to against the plaint it!. On appeal by Jo, oi to the Provincial ("ourt of 10avca, that Court reversed the derre, ...! the Zijiah Judge, and devrved a moiety of the estate to the appellant to hold in trust for h, , minor son. A petition for a special appeal to the Sudder I), wanny Adawlut having been presented by Goureepershani, the proceedings, together with the law opinions of the pundit LLLLS LLLLL LLLL LSLLLLLLSLLLL LLLLLLS LLLL LLLLLLLL 00S LLLLL LLL LLLLLLLLS LL LLLLSS LLLLLSSLS 0 LLLLLLLLS Adawlut, who delivered their sentiments on the case as follows. “lf a man having two wives give authority 11, each to adopt a son, and afterwards in concurrence wish hosenior wife adopt a son, a hil after his death the second wife, in pursuance of the authority originally obtained from hon, adopt a son, the adoption by the second wife is not legally valid ; because if a person giving permission, afterwards himself does the thing permitted, the formission given to another becomes by his act void. All the property of the deceased devolves on the son adopted by him.” But it appearing from the evidence of the respondent' witnesses in the Provincial Court, that the permission granted originally by the husband, was confirmed to the second wife after he had made an adoption in favour of his cuior wife, the pundits were therfore required to state whether these circumstantos would alter the nature of the case ; to which they replied, that, under these circumstances, the desire of the adoptive father being obvioli. Hy te hawe many soms (which was a laudable desire) his estate real and personal should be shared hy “ach of the adopted sons in equal proportions. On consideration of the above opinion, establishing jl
