M/s Anath Bandhu Guha vs Sudhangsu Sekar Dey alias Halder and Others
Citation: 31 DLR (AD) (1979)
Jurisdiction : Bangladesh
Appellant : M/s Anath Bandhu Guha (Defendant in the court of first instance)
Respondent : Sudhangsu Sekar Dey alias Halder and Others (Plaintiff in the court of first instance)
Facts :
Sudhangsu Sekar Dey, a married man of Sudra origin had been adopted in 1975 and also been given a share in a company as a gift by the adoptive parents. The company represented by its directors refuse to accept this married man as a child and they questioned the adoption itself and they claimed over the share of a company. The appellant, M/S Anath Bandhu Guha, challenged the legal standing of the respondent.
Issues :
1. Whether the adoption confers upon the adopted son the same legal status and rights of inheritance as those of a natural-born son.
2. Whether the adoption of a Śūdra or a married Śūdra is valid under the framework of Hindu adoption laws and the principles of the Dayabhaga Shool.
Decisions :
Justice Ruhul Islam observed that “there is no authority in support of the proposition that, under the Hindu Dayabhaga School of Law, the adoption of a Śūdra, or for that matter a married Śūdra, is not permissible.” The Appellate Division of the Supreme Court of Bangladesh held that, under Hindu law, an adopted son enjoys the same status as a natural-born son in both spiritual and secular matters, including inheritance rights. The Court emphasized that Hindu law draws no distinction between biological and adopted sons in relation to inheritance.
Author :
1. Shanzida Yasmin Liza
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