Summarize the following court judgment. Appeal No. 289 of 1959. Appeal from the judgment and decree dated December 16	 1955	 of the Madras High Court in Appeal No. 231 of 1954. N. C. Chatterjee	 K.N. Bajagopala Sastri	 V.S. Venkata Raman and T. K. Sundara Raman	 for the Appellants Nos. 2 to 6. A. V. Vishwantha Sastri	 R. Ganapathy Iyer 442 section Gopalaratnam and G. Gopalkrishnan	 for respondent No. 1. T. section Venkataraman	 for respondent No. 2 1962. April 26. The Judgment of the Court was delivered by SUBBA RAO	 J. This appeal on a certificate is preferred against the judgment and decree of the High Court of Judicature at Madras confirming those of the Subordinate Judge	 Madurai	 in a suit for a declaration that the adoption of the 2nd defendant by the 1st defendant was invalid. The following genealogy will be helpful to appreciate the facts and the contentions of the parties Rengatha | __________________________ | | Dhanappa Kulandaivelu (Sr.) | | _______________________ Dhanappa | | | Renganatha Subramania Kulandaivelu (Jr.) | | Shanmugha Chandarashekhara(Pl.) widow Guruvammal | | | Kanniappa (P2) Anni (D 1) | | (died Feb. to P 5 adopted D 2) | Renganatha Dhanappa(D11) Sankaralinga(D19) Balaguruswami(D4) Palaniandava(D 20) D5 to D10 Shanmughasundara(D12)D 21and D 22 Avadaiappa (D 14) D 15 to D IS 443 Shanmugha	 Subramania and Kulandaivelu (Jr.) became divided in 1878 and since the division each of the three. branches of the family was living separately. Kulandaivelu (Jr.) died in the year 1912 possessed of considerable property described in the plaint schedule leaving him surviving his widow	 Guruvammal Anni	 who is the 1st defendant as his sole heir. In 1951	 Guruvammal Anni	 with a view to adopt the 2nd defendant to her deceased husband	 wrote letters to her husband 's sapindas who were majors i.e.	 plantiffs 1 and 2	 and defendants 5	 11	 12	 14	 19 and 20	 seeking their con sent to her adopting the 2nd defendant. The said sapindas	 except defendants 12 and 14	 refused to give their consent for the reasons mentioned in their replies. Defendant 12 did not receive the letter	 but the 14th defendant gave his consent to the adoption. On May 25	 1951	 Guruvammal Anni adopted Kuandaivelu (Jr.)	 the 2nd defendant as a son to her late husband. On May 30	 1951	 she executed exhibit A 1	 the adoption deed	 and registered the same on June 12	 1951. Chandarasekhara	 the son of Subramania	 and his son	 Kanniappa	 and three minor grandsons filed O. S	 No. 156 of 1951 in the Court of the Subordinate Judge	 Madurai	 for a declaration that the adoption of the 2nd defendant by the 1st defendant was invalid	 void and of no effect. Defendant 3	 is the natural father of defendant 2; defendants 4 to 21 are the other sapindas of 1st defendant 's husband	 being the descendants of Renganatha. The particulars of their relationship to Kulandaivelu will be seen from the aforesaid genealogy. It was	 inter alia	 alleged in the plaint that the adoption made by the 1st defendant of the 2nd defendant without the consent of the sapindas was bad and that the consent given by the 14th defendant was purchased and therefore would not validate it. Defendants 1	 2 and 3 filed written statements supporting the adoption; they pleaded that the nearer sapindas 444 improperly refused to give the consent	 the adoption made on the basis of the consent given by the 14th defendant was valid. The learned Subordinate Judge	 on a consideration of the evidence and the relevant law on the subject	 came to the conclusion that the 12th defendant	 though received the notice seeking his consent	 returned the same	 that the other sapindas	 excluding defendant 14	 improperly refused to give their consent to the adoption and that	 therefore	 the adoption made with the consent of defendant 14 was valid in law. The Subordinate Judge also rejected the contention of the plantiffs that the 14th defendant	 having regard to his disbelief in the religious efficacy of adoption and the Hindu rituals		was disqualified from giving his consent. In the result	 he dismissed the suit. On appeal a division Bench of the Madras High Court	 agreeing with the view of the learned Subordinate Judge	 came to the conclusion that the sapindas were actuated by improper motives in refusing to give their consent. The second contention directed against the consent given by defendant 14 does not appear to have been seriously pressed before the High Court. In the result the High Court dismissed the appeal with costs. It may be mentioned that the 1st defendant	 Guruvammal Anni died pending the suit and that the 1st plaintiff died after the appeal was disposed of by the High Court. The other plaintiffs have preferred to present appeal against the judgment of the High Court. The main question raised in this appeal in whether the refusal of the sapindas	 other than defendant 14	 to give consent to the adoption of the 2nd defendant by the last defendant was improper and	 therefore	 could be disregarded. Before we consider the legal aspects of the question raised	 we shall briefly state the relevant facts	 either admitted or concurrently found b 445 the courts	 below. Kulandaivelu	 the last male holder	 died on January 29	 1912	 possessed of extensive	 property. His widow	 Guruvammal Anni	 	Was managing the said property through power of attorney agents. rho 1st defendant is the 3rd defendant 's father 's mother 's sister 's daughter 'section The 3rd defendant was also helping the 1st defendant in respect of certain transactions during the management of her properties by one of her power of attorney agents. The 3rd defendant and his wife were living with the 1st defendant; and the second defendant was born in 1930 in the house of Guruvammal Anni. She was very much attached to him and as he grow up she also performed pujas in company with him. The 2nd defendant studied in the District Board High School	 Sholavandan taking Sanskrit as his second language and was studying for B. A. (Hons.) degree in 1951 when he was adopted. ' In 1951 Guruvammal Anni was about 67 years old and wanted to take a boy in adoption who would not only discharge religious duties to her husband as his son and preserve the continuance of her husband 's lineage	 but would also be of great solace and help to her during the remaining years of her life. With that object	 she issued notices to the sapindas of her husband intimating them of her intention to adopt the 2nd defendant	 who	 according to her	 had all the necessary qualifications to fulfil the role of an adopted son. The boy proposed to be adopted by her was young healthy	 educated	 religious minded and devoted to her	 having been born in her house and brought up by her. In April 1951	 the 1st defendant sent letters Ex. A 1 to the 1st plaintiff	 Ex. A 10 to the 2nd plaintiff	 exhibit A 15 to the 4th defendant and a similar one to the 5th defendant	 Ex A 18 to the 11th defendant	 exhibit B 3 to the 12th defendant. exhibit B 52 to the 14th defendant	 exhibit A.21 to the 19th defendant	 and exhibit A 25 to the 20th 446 defendant	 seeking for their consent to her adopting the 2nd defendant. As already stated	 all the said persons excepting defendants 12 and 14	 replied refusing to give their consent to the proposed adoption; the 12th defendant received the letter but returned it unopened	 and the 14th defendant gave his consent. exhibit A 3 is the reply sent by the lot plaintiff. He has given various reasons for refusing to give his consent to the proposed adoption. As much of the argument turned upon the contents of this letter	 we would briefly give the said reasons. They are: (1) the 1st defendant did not think fit to take a boy in adoption for many years though her husband died 38 years ago and that four years ago there was some talk about it	 but	 at the instance of the 1st plaintiff and other agnates	 she	 gave up the idea of making an adoption stating that she would not think of adopting a boy to her husband; (2) the present attempt to take a boy in adoption was at the instance of the 3rd defendant who was exercising considerable influence over her to take a boy in adoption aged about 20 years and who was not an agnate was opposed to the uniform and invariable custom prevailing in the community; and (4) there were eligible boys among his grandsons under the age of 7 years and among his cousin 's great grandsons under the age of 18 years and the parents of the said boys had no objection to give any one of them in adoption. He summarized	his objections in the following words: "I do strongly object to the adoption of Kulandaivelu	your agent 's son; not only for the reason that he is aged and ineligible	 but also for the reasons that he is not agnate and the proposed adoption is prompted by corrupt and selfish decision on the part of your agent. The proposed adoption has behind it the motive of defeating the legitimate reversionary 447 interest of your husband 's agnates and is absolutely wanting in good faith. " exhibit A 12 is the reply of the 2nd plaintiff	 i.e.	 the son of the 1st plaintiff. He has practically repeated the objections found in his father 's letter; while the father stated in his letter that there were eligible boys for adoption among his grandsons and great grandsons of his cousin	 the 2nd plaintiff only referred to his sons; he says in his letter: "Moreover if you really desire to take a boy in adoption I have got sons who are less than seven years old and who are fit for being taken in adoption. I have no objection whatever to give in adoption anyone of the aforesaid boys whom you like. A 16 in the reply given by the 4th defendant. He has eligible boys	 who are the great grandsons of the cousin of the 1st plaintiff and who can be given in adoption; these are some of the boys 	mentioned by the 1st plaintiff in his letter. He sets up the case that the 1st defendant 's husband had adopted one Sankarlinga Mudaliar even when he was alive '. He refuses to give the consent on the ground that there was already an adoption. exhibit B 5 is the reply given by the 5th defendant and be only adopts the reasons given by his father	 the 4th defendant. Ex A 1 9 is the reply given by the 11th defendant	 who is the father of the 14th defendant. His reply is on the same lines as given by the 1st plaintiff. B 4 is the reply given by the 14th defendant; he gives his wholehearted consent to the adoption. He has four eligible sons	 defendants 15 to 18	 who could be given in adoption. exhibit A 22 is the reply of the 19th defendant and exhibit A 26 that of his son	 the 20th defendant. The 19th defendant stated that he has grandsons aged less than 8 years and that the parents of the said boys have no objection to give any one of them in adoption. The 20th defendant offers one 448 of his sons to be taken in adoption by the 1st defend ant. The position that emerges from the aforesaid replies is this: (1) the 1st plaintiff suggested that any one of his grandsons or his cousin 'section great grandsons might be taken in adoption; (2) the 2nd plaintiff	 the 19th defendant	 the 16th defendant and the 20th defendant offered their sons or grandsons	 as the case may be	 for adoption; (3) the 14th defendant	 the son of the 11th defendant gave his consent to the adoption; (4) to 12th defendant	 who has only one son	 though he received the notice did not reply; and (5) the 4th and the 5th defendants set up another adoption by the last male holder. In short	 the elderly members of the branch of Danappa	 except defendants	 4	 5	 12 and 14	 objected to the adoption mainly on the ground that the proposed boy was not a sapinda and that they were willing to give one of their sons or grandsons	 as the case may be	 in adoption. The other grounds given by them are similar to those given by the 1st plaintiff. The said grounds indicate that they were anxious that the widow should not take the boy in adoption but should leave the properties to the reversioners. The other reasons given	 namely	 the alleged influence of the 3rd defendant over the widow	 the custom against adoption of a person other than an agnate and the ineligibility of the boy	 were all found by both the courts below to be untenable. The replies disclose a concerted action on the part of the sapindas to prevent the widow from taking the 2nd defendant in adoption. They had nothing to say against the qualifications of the boy	 for	 as we have already noticed	 he was in every way the most suitable boy from the standpoint of the widow. The only objection	 therefor(		 was that the boy was not an agnate and that there were eligible boys among the agnates. The question	 therefore	 in this case is whether the refusal to give consent to the 449 adoption by the widow of a boy		 highly qualified in every way	 on the simple ground that be was not an agnate and the other agnates were available for adoption would be an improper refusal by the sapindas so as to entitle the widow to ignore their refusal and take the boy in adoption with the Consent of the remoter sapinda. Mr. N.C. Chatterjee	 learned counsel fore the appellants	 contends that the refusal of the sapindas to give consent	 in the circumstances of the present case	 was proper for two reasons	 namely	 (1)according to Hindu shastras a widow has to take only a sapinda in adoption in preference to one outside that class	 and (2) the 1st plaintiff did not refuse but gave consent on Condition that one or other of his grandsons or great grandsons of his cousin should be taken in adoption and the said condition is sanctioned by Hindu law. Mr. Vishwanatha Sastri	 learned counsel for the respondents	 on the other hand	 contends that the refusal by the agnates to give consent for the adoption was improper	 for	 they	 being the guardians and protectors of the widow	 were in a fiduciary relationship with the widow and that they 	should have exercised their discretion objectively	 and reasonably from the standpoint of the advisability of taking the 2nd defendant in adoption in the last male holder 's branch and that in the present case the agnates refused to give consent from selfish motives in order to protect their reversionary interest	 and therefore the adoption made with the consent of the remoter sapinda was valid. The main question that arises in this appeal is whether the refusal by the nearer sapindas to give consent to the adoption as learned counsel for the respondents described it	 or the giving of the consent subject to a condition as learned counsel for the appellant calls it	 is improper	 with the 450 result the adoption made by the 1st defendant of the 2nd defendant with the consent of the remoter reversioner was valid under the Hindu law. Before we notice the relevent case law and textual authority on the subject	 it would be convenient to clear the ground. This appeal arises out of an adoption made in the Dravida country and this case is governed by the school of Hindu law applicable to that part of the country. Further we are not concerned here with an adoption in a Hindu joint family but only with one in a divided family. We must	 therefore	 steer clear of the ramifications of the doctrine of consent in its impact on an adoption made by a widow in a joint Hindu family. It is not disputed that in a case where the last male holder is a divided member of the family	 his widow can make an adoption with the consent of a remoter sapinda if a nearer sapinda or sapindas improperly refused to give consent to the adoption. It is also common case that an adoption of a boy by a widow outside the class of sapindas is valid. This controversy centres round the question whether in the present case the conditional consent given by some of the sapindas and the refusal by the others to give consent to the adoption were proper. This question depends for its solution on the answer we give to the following interrelated questions : (1) What is the source and the content of the power of the widow to adopt a boy ? (2) What is the object of adoption ? (3) Why ' is the condition of consent of the sapindas for an adoption required under the Hindu law for its validity ? (4) What is the scope of the power of the sapindas to give consent to an adoption by a widow and the manner of its exercise ?; and (5) What are the relevant circumstances a sapinda has to bear in mind in exercising his power to give consent to an adoption ? 451 It is common place that a widow adopts a boy to her husband and that nobody except a widow can make an adoption to her husband. The reason is that Hindu law recognizes her not merely as an agent of her husband but	 to use the felicitous Hindu metaphor	 as his surviving half : see Brihaspati XXV	 II and Yagnavalkya I	 156. In Sarkar Sastri 's Hindu Law. 8th edn.	 pp. 161 162	 it is	 stated that though according to the commentaries	 the widow adopts in her own right	 the modern view is that she acts merely as a delegate or repre sentative of her husband	 that is to say	 she is only an instrument through whom the husband is supposed to act. Mulla in his book "Principles of Hindu Law" stated that she acts as a delegate of her husband. The Judicial Committee in Balusu Guralingaswami vs Balusu Ramlakshmamma (1) pointed out that if the consent of the husband 's kinsmen has been obtained	 the widow 's power to adopt is co extensive with that of her husband. It is	 therefore	 clear that a Hindu widow in making an adoption exercises a power which she alone can exercise	 though her competency is conditioned by other limitations which we shall consider at a later stage. Whether she was authorised by her husband to take a boy in adoption or whether she obtained the assent of the sapindas	 her discretion to make an adoption	 or not to make it	 is absolute and uncontrolled. She is not bound to make an adoption and she cannot be compelled to do so. But if she chooses to take a boy in adoption there is an essential distinction between the scope of the authority given by her husband and that of the assent given by the sapindas. As the widow acts only as a delegate or representative of her husband	 her discretion in making an adoption is strictly conditioned by the terms of the authority conferred (1) Mad. 398	 408. 452 on her. But in the absence of any specific authorisation by her husband	 her power to take a boy in adoption is coterminus with that of her husband	 subject only to the assent of the sapindas. To put it differently	 the power to adopt is that of the widow as the representative of her husband and the requirement of assent of the sapindas is only a protection against the misuse of it. It is not	 therefore	 right to equate the authority of a husband with the assent of the sapindas. If this distinction is borne in mind	 it will be clear that in essence the adoption is an act of the widow and the role of the sapindas is only that of advisers. The next question is	 what is the object of adoption ? It would be unnecessary and even be pedantic if we attempted to consider the old Hindu law texts at this very late stage in the evolution of Hindu law on the subject	 for the law on this aspect had been fully and adequately considered by the Judicial Committee from time to time. It would be sufficient if we noticed a few of the leading decisions on the subject. Sir James W. Colvile	 speaking for the Judicial Committee	 in The Collector of Madurai vs Moottoo Ramalinga Sathupathy (1) observed: "The power to adopt when not actually given by the husband can only be exercised when a foundation for it is laid in the otherwise neglected observance of religious duty	 as understood by Hindoos". The Judicial Committee again speaking through Sir James W. Colvile in Sir Raghunadha vs Sri Brozo Kishore (2) restated the principle with some modification thus : "It may be the duty of a Court of Justice administering the Hindu law to consider the (1) 	 442. (2) 18761 L.R. 3 I.A.	 154	 193. 453 religious duty of adopting a son as the essen tial foundation of the law of adoption; and the effect of an adoption upon the devolution of property as a mere legal consequence". But he hastened to add : "But it is impossible not to see that there are grave social objections to making the succession of property and it may be in the case of collateral succession	 as in the present instance	 the rights of parties in actual possession dependent on the caprice of a woman subject to all the pernicious influences which interested advisers are too apt in India to exert over women possessed of	 or capable of exercising dominion over	 property". This caution given by the Judicial Committee is relied upon to emphasize the point that right to property of the last male holder is a dominant consideration in the matter of taking a boy in adoption. But	 if the passage was read along with that preceding it	 it would be obvious that the Judicial Committee emphasized the performance of a religious duty as an essential foundation of the law of adoption	 though it did not fail to notice that the devolution of Property was a legal consequence. In Raja Vellanki Venkata Krishna Row vs Venkata	 Rama Lakshmi Narsayya (1)	 the Judicial Committee through Sir James W. Colvile reiterated the principle that adoption was made by a widow only in a bona fide performance of a religious duty. In Veera Basavaraju vs Balasurya Prasada Rao (2)	 Mr. Ameer Ali	 delivering the judgment on behalf of the Board	 appeared to strike a new note and lay more emphasis on property rights. The Board gave as one of its reasons why the consent of divided brothers was required	 namely. that they (1) (1876) L.R. I.A. 1	 14. (2) 	 273. had an interest in the protection of the inheritance. The Judicial Committee observed : "lt is true that in the judgment of this Board in the Ramnad case (1) some expressions are used which might imply that the question of reversionary interest forms only a secondary consideration in determining what sapindas ' assent is primarily requisite	 but the remarks that follow as to the right of co parceners in an undivided family to consider the expediency of introducing a new co parcener	 coupled with the observations of the Board in the subsequent case (4)	 show clearly that	 rights to property cannot be left out of con sideration in the determination of the question". It may be said with some justification that till this stage the Judicial Committee had not clearly disclosed its mind	 but was wavering between two positions	 namely	 whether religious duty was the sole object of adoption or whether proprietary interests had an equal or a subordinate place with or to that of a religious object. But in Amurendra Mansingh vs Sanatan Singh (2) the Judicial Committee reconsidered its earlier decisions	 resurveyed the entire law on the subject and veered round to the view that the validity of an adoption was to be determined by spiritual rather than temporal considerations. Sir George Lowndes observed : ". it is clear that the foundation of Brahminical doctrine of adoption is the duty which every Hindu owes to his ancestors to provide for the continuance of the line and the solemnization of the necessary rites. . . "It can	 they think	 hardly be doubted that in this doctrine the devolution of property	 though recognized as the inherent right (1) (1868) 12 M.I.A. 397. (2) (1933) L.R. 60 I.A. 242	 248. 455 of son	 is altogether a secondary considera tion. . . . "Having regard to this well established doctrine as to the religious efficacy of sonship	 their Lordships feel that great caution should be observed in shutting the door upon any authorized adoption by the widow of a sonless man. . . Nor do the authoritative texts appear to limit the exercise of the power by any considerations of property. " This decision is	 therefore	 a clear pronouncement by the highest judicial authority of the time that the substitution of a son of the deceased for spiritual reasons is the essence of adoption and the consequent devolution of property is mere accessory to it. Whatever ambiguity there may have still remained it was dispelled by a later decision of the Privy Council in Ghanta China Ramasuabbayya v	 Moparthi Chenchuramayya (1)	 wherein Sir Madhavan Nair	 delivering the judgment on behalf of the Board	 after a resurvey of the textual authorities and the earlier decisions	 observed at p. 170: "Under the Hindu law it is the "taking of a son" as a Substitute for the failure of male issue. Its object is two fold: (1) to secure the performance of the funeral rites of the person to whom the adoption is made; and (2)to preserve the continuance of his lineage. " Adverting to observation of Mr. Ameer Ali in Veera Benavaraju vs Balasurya Prasada Rao (2 )	 he proceeded to state at p. 175: "The utmost that could be said in favour of the appellants is the statement in the judgment that right to property cannot be left out of consideration in the determination of the question"	 while the spiritual (1) (1947) L.R. 74 I.A. 162. (2) (1918)L.R.451.A265	275. 456 welfare of the deceased also is referred to in the course of the judgment. That the above regular view of adoption cannot any longer be maintained appears to be clear from the judgment of the Board ' in Amarendra Mansingh v	 Sanatan Singh (1) Reverting to the object of adoption	 he remarked at P. 179: Their lordships do not desire to labour this point	 as in their view the following opinion of the Board	 delivered by Sir George Lowndes in Amarendra 's case (1) should be considered to have settled the question finally so far as the Board is concerned. " It may	 therefore	 safely be held that the validity of an adoption has to be judged be spiritual rather than temporal considerations and that devolution of property is only of secondary importance. The next question is	 why does the Hindu law insist upon the assent of the sapindas as a prerequisite for the validity of an adoption made by a widow ? A basis for the doctrine of consent may be discovered in the well known text of vasishtas: "Let not a woman give or accept a son except with the assent of her Lord." The following two texts of Yagnavalkya in Chapter 1	 verse 85 and in Chapter 2	 verse 130 are also ordinarily relied upon sustain the said doctrine: "Let her father protect a maiden; her husband a married woman; sons in old ega; if none of these	 other gnatis (Kinsmen). She is not fit for independence. "He whom his father or mother gives in adoption it; Dattaka (a son given)." (1) (1933) L. R. 60 1. A. 242	 248. 457 A brief summary of the evolution of the law by 	subsequent commentators by the process of interpretation of the said two texts is found in the judgment of a division Bench of the Madras High Court in Sundara Rama Rao vs Satyanarayanamurti (1). It was pointed out therein bow Devanna Bhatta reconciled the two seemingly contradictory positions by laying down that a Hindu widow could give her son in adoption if she be authorized by an independent male	 how by parity of reasoning the said principle was extended to a widow taking a boy in adoption	 how the same view was expressed by Nandapanditha	 how Vidyaranyaswami in his Dattaka Mimamsa recognized the validity of an adoption by a widow with the permission of the father	 etc.	 and how the later commentators relying upon the word 	etc." evolved a thesis that the word "father" in the text was only illustrative	 and gradually extended it to other kinsmen. The said doctrine is mainly founded on the state of perpetual tutelage assigned to women by Hindu law expressed so tersely and clearly in the well known text of Yagnavalkya in Chapter 1	 verse 85	 quoted above. The leading decision	 which may be described as classic on the subject	 is what is popularly known as the Ramnad case (2). Sir James W.	 Colvile	 who has made a real contribution to the development of this aspect of Hindu law	 observed at p. 439: "But they (the opinions of Pandits) show a considerable concurrence of opinion	 to the effect that	 where the authority of her Hus band is wanting	 a Widow may adopt a Son with the assent of his kindred in the Dravida Country. " The reason for the rule is clearly stated at p. 442 thus: "The assent of kinsmen seems to be required by reason of the presumed incapacity (1) I.L.R. 1950 &W. 461. (2) (1868) 12 M.I.A. 397	 442. 458 of women for independence	 rather than the necessity of procuring the consent of all these whose possible and reversionary interest in the estate would be defeated by the adoption. The nature and effect of the consent is stated thus: "All that can be said is	 that there should be such evidence of the assent of kinsmen as suffices to show	 that the act is done by the Widow in the proper and bona fied performance of a religious duty	 and neither capriciously nor from a corrupt motive." The same principle has been affirmed and restated by the Judicial Committee in subsequent decisions: See Raja Vellanki Venkata Krishna Row vs Venkata Rama Lakshmi Narsayya (1)	 Veera Basayaraju vs Balasurya Prasada Rao (2) Sri Krishnayya Rao vs Surya Rao Bahadur Garu (3) and Ghanta China Ramasubbayya vs Moparthi Chenchuramayya (4). It will be seen that the reason for the rule is not the possible deprivation of the proprietary interests of the reversioners but the state of perpetual tutelage of women	 and the consent of kinsmen was considered to be an assurance that it was a bona fide performance of a religious duty and a sufficient guarantee against any capricious action by the widow in taking a boy in adoption. The next question	 which is very important for the present inquiry	 is	 what is the scope and content of the power of consent the Hindu law places in the hands of the kinsmen? and why does the Hindu law confer the said power on the kinsmen? In the Ramnad Case(5) the judicial Committee described the father of the husband as the natural guardian of (1) (1876) L.R. 4 I.A. 1	 14.(2) (1918) L.R. 45 I.A. 265	 273. (3) (1917) L.R. 74 I.A. 162. (5) (1868) 12M.I.A. 397	 442. 459 the widow and her venerable protector. In Raja Vellanki Venkata Krishna Rao vs Venkata Rama Lakshmi Narsayya (1)	 the Judicial Committee described the sapindas as the family council; in Venkamma vs Subramaniam 2 ) as the natural advisers of the widow; in Veera Bagaydraju vs Balasurya Prasada Rao( 3) as her natural guardians and protectors of her interest; in Sri Krishnayya Rao vs Surya Rao Bahadur Garu (4) as family council	 natural guardians and protectors of her interest; and in Ghanta China Ramasubbauya vs Moparthi Chenchuramayya (5) as the widow 's guardians and competent advisers. Whatever phraseology may have been used in the various decisions	 it is manifest that all of them are only consistent with their exercising fiduciary power having regard to the object for which the said power was conferred on them. The scope of the exercise of the power depends (1) on the nature of the power	 and (2) on the object for which it is exercised. The nature of the power being fiduciary in character	 it is implicit in it that it shall not be exercised so as to further the personal interests of the sapindas. The law does not countenance a conflict between duty and interest	 and if there is any such conflict the duty is always made to prevail over the interest. It would be a negation of the fiduciary duty	 were we to hold that a sapinda could refuse to give his consent on the ground that the members of his branch or those of his brother 's would be deprived of their inheritance. If that was the object of the refusal	 it could not make any difference in the legal results	 howsoever the intention was camouflaged. Suppose a sapinda gives his consent on the condition that a member of his branch only should be adopted. In effect and substance be introduced 2	0.3 (1) (1876) L. R. 4 I.A. 1	 14. (3) I.A. 265	 273. (2) (1906) L. R. 34 I.A. 22. (4) (1935)69M.L.J.3488 (5) (1947) L.R. 74 I.A. 162. 460 his personal interest in the matter of his assent	 with a view to secure the properties to his branch. It would only be a matter of degree should he extend the choice of the widow to the divided branches of his family comprehending a large group of sapindas	 for even ' in that case the sapinda seeks to inforce his choice on the widow on extraneous considerations. In giving or withholding his consent in his capacity as guardian or the protector of the widow	 the sapinda should form an honest and independent judgment on the advisability or otherwise of the proposed adoption with reference to the widow 's branch of the family: see Sri Krishnayya Rao vs Surya Rao Bahadur Garu (1). Sapinda should bring to bear an impartial and judicial mind on the problem presented to him and should not be served by extraneous and irrelevant considerations. He shall ask himself two questions	 viz.	 (i) whether the proposed adoption would achieve the object for which it was intended	 and (ii) whether the boy selected was duly qualified. We have already noticed that the object of the adoption is two fold: (1) to secure the performance of the funeral rites of the person to whom the adoption is made	 and (2) to preserve the continuance of his lineage. The sapinda should first answer the question whether the proposed adoption would achieve the said purpose. If the Widow"s power to take a boy in adoption was not exhausted	 there would hardly be all occasion when a sapinda could object to the widow taking a boy in adoption	 for every valid adoption would invariably be in discharge of a religious duty. But is also permissi ble for a sapinda to take objection in the matter of selection of the boy on the ground that he is not duly qualified for being adopted; he may rely upon any mandatory prohibitory rules laid down by shastras and recognised by courts in regard to the selection of a particular boy. He may object on (1) 461 the ground that the boy belongs to a different caste or that he is married for such an adoption would be invalid. He may also object on the ground that the boy is an idiot that he is suffering from an incurable disease	 that he is notoriously in bad character	 for in such cases he would not be suitable to continue the line. Such and similar other objections are relevant to the question of the advisability of the adoption with reference to the widow 's branch of the family. In this context an argument is raised to the effect that a sapinda is equally entitled to object to an adoption on the ground that the boy proposed to be adopted is not a sapinda. In a modified form	 it is further contended that even if there is no legal prohibition against a non sapinda being taken in adoption by a widow	 the sapinda whose consent is asked for can legitimately relay upon the recommendatory texts of shastras in objecting to an adoption. or imposing a condition on the proposed adoption. This raises the question whether under the 'Hindu law there is any prohibition against a widow taking a non sapinda in adoption in preference to a sapinda. In Kane 's "History of Dharmasastra"	 Vol. 111	 it is pointed out that Dattaka Mimamsa and Dattaka Chandrika quote passages of Saunaka and Sakala to the effect that a man should refer a sapinda or a sagotra to one who is not a sapinda or of the same gotra. The following order is recommended: the full brother 's son	 then a sagotra gapinda	 then a sapinda though not of the same gotra	 then one not a sapinda though of the same gotra	 then one who is neither a sapinda nor a sagotra. But the learned author opines that the said order is purely recommendatory and an adoption in breach of it is quite valid. In Mayne 's Hindu Law	 it is stated : "According to the Dattaka Mimamsa and the Dattakh Chandrika	 in the first place	 the nearest male sapinda should be selected	 if 462 suitable in other respects	 and	 if possible	 a brother 's son	 as he is already	 in contemplation of law	 a son to his uncle. If no such near sapinda is available	 then one who is more remote; or in default of any such	 then one who is of a family which follow the same spiritual guide	 or	 in the case of Sudras	 any member of the caste. The learned author is also of the opinion that these precepts are merely recommendatory and that the adoption of a stranger is valid	 even though near relatives	 otherwise suitable	 are in existence. It is suggested that this rule of reference is not applicable to sudras and that in their case any member of the caste can be adopted and that among the members of the caste no references are indicated. In Sarkar Sastri 's "Hindu Law of Adoption" the relevant passage of Saunaka is translated thus at p. 309: "Amongst Brahmins; the affiliation of a son should be made from amongst sapindas; or on failure of them a on sapinda (may be affiliated); but any other should not be affiliated; amongst Kahatriyas	 one from their own tribe	 or one whose gotra is the same as that of the adopters guru or preceptor (may be affiliated) : amongst Vaisyas	 from amongst those of the Vaisya tribe: amongst Sudras	 from amongst those of the Sudra tribe : amongst all classes	 from amongst their respective classes	 not from others. " This passage lends support to the suggestion made by learned counsel for the respondents that amongst Sudras no preferential treatment is meted out to a sapinda in the matter of adoption. Be it as it may	 for the purpose of this case	 we shall assume that according to the commentators a sapinda may have to be referred to a non sapiuda in the matter of 463 adoption. The effect of the a said rules was considered by the Judicial Committee as early as 1878 in Srimati Uma Devi vs Gokoolani Das Vahapatra wherein Sir James W. Colvile observed: "Sir Thomas Strange	 after recapitulating the rules which ought to guide the discretion of the adopter	 including the authorities on which the Plaintiff relies	 says; " 'But the result of all the authorities upon this point is	 that the selection is finally a matter of conscience and discretion with the adopter	 not of absolute prescription	 rendering invalid an adoption of one not being precisely in him who upon spiritual considerations ought to have been referred. " Then the Judicial Committee quoted Sir William Macnaghten in this regard: the relevant part of the passage reads: " . . the validity of an adoption actually made does not rest on the rigid observance of that rule; of selection	 the choice of him to be adopted being a matter of discretion." The Judicial Committee concluded its decision thus at p. 54: "Their Lordships feel that it would be highly objectionable on any but the strongest grounds to subject the natives of India in this matter to a rule more stringent than that enunciated by such text writers as Sir William Macnaghten and Sir Thomas Strange. Their. treatises have long been treated as of high authority by the Courts of India	 and to over rule the propositions in question might disturb many titles. " It may	 therefore	 be taken that as early as 1878 the Judicial Committee treated the said rules as (1) (1878) L.R. 5 I.A. 40	52.53. 464 more moral injunction on the conscience of a pious Hindu	 and that the selection is finally a matter of his discretion. If those injunctions were disobeyed and not followed in 1878 and adoption were made ignoring them	 it would be unrealistic to rely upon them in the case of adoptions made in recent years. The choice of the boy is with the widow: it is a matter of her conscience and it is left to her discretion. The sapindaship is not a legal qualification nor the nonsapindaship a legal dis qualification either. An orthodox lady may give some heed to the religious texts which have fallen into desuetude	 but she need not do so. It is open to her to select any qualified boy from a large circle. It would be open to a sapinda to say that the boy selected by her is not qualified from physical	 moral or religious stand point. But it would be incongrous to hold that a sapinda in giviing his advice should enforce the rule of preference which has no legal sanction behind it. This approach would have the effect of enforcing a rule of preferenco which has fallen in desuetude by an indirect process: what was a moral injunction on the conscience of the adopter in the olden days would now be made a legal injunction by a circuitous method. If this be allowed	 a sapinda in the guise of a moral injunction could deprive a widow of her right to take a qualified boy of her own choice in adoption and thus securing the inheritance for himself	 if she does not adopt an unwanted boy or preserving the estate for a close relative of his	 if she does. We should therefore hold that a sapinda has no right to refuse to give his consent or impose a condition on ground that the widow should take a sapinda in preference to a non sapinda in adoption. Such a condition would in the modern context be entirely extraneous to the question of the selection of a boy by a widow for adoption to her husband 's branch of the family. 465 In this context two judgments of the Madras High Court on which strong reliance is placed by learned counsel for the appellants may be noticed. The first is a judgment of a division Bench in Subrahmanyan vs Venkamma (1)	 wherein the learned Judges held that the adoption made by a widow was invalid because she did not apply for the consent of one of the two sapindas of equal degree on the ground that such an application would have been in vain. Bhashyam Ayyangar	 T.	 speaking for the division Bench	 made the following observation at p. 63 7: "But	 assuming	 as the first defendant says	 that some five years before the adoption the plaintiff wanted her to take One of his sons in adoption	 there is nothing improper in a sapinda proposing to give his assent to the widow adopting his own son. if such son be th e nearest sapinda	 and refusing to give his assent to her adopting a stranger or a distant sapinda	 if there be no reasonable objection to the adoption of his own son. . " These observations are in the nature of obiter	 for these were not necessary for disposing of that appeal in view of the fact that no consent of the said sapinda was asked for Be it as it may	 the observations of Bhashyam Ayyangar	 J.	 deserve the highest respect	 for his erudition in Hindu law is unquestioned But these observations were made in the year 1903 at a time when the scope of the power of sapindas ' consent had not become crystallised. As we have already pointed out	 the doctrine of fiduciary relationship was gradually evolved by later decisions. The recommendatory character of the preferential right of a sapinda to be adopted was emphasised as early as 1875; and even that moral force gradually ceased to have any persussive effect on an adopter as time passed by. In (1) Mad. 466 the modern conditions it would not be proper to allow the old texts to be used by a sapinda to force his son or nephew on an unwilling widow. In Amarendia 's case (1) it was finally decided that spiritual reasons are the essence of adoption and that devolution of property is only a consequence of it	 and therefore the preferential claim of a sapinda to be adopted ceased to have any validity. With greatest respect to the learned Judge	 We must hold that the said observations have no Longer any relevance in the context of a modern adoption. The next decision	 which is an unreported one	 is in Alluri Venkata Narasimharaju vs Alluri Bangarraju (2). In that case	 a widow made an adoption with the consent of a coparcener of her deceased husband: two other coparceners who were asked for permission refused to give the same. The said coparceners suggested that each of them had sons and that they were prepared to give one of their sons in adoption. This offer was not acceptable to the widow. They subsequently intimated their desire to give their own sons in adoption	 but the widow refused. Having regard to that fact and other circumstances of the case	 the learned Judges said that the refusal was proper. The learned Judges had not considered the question from the standpoint of the fiduciary power of sapindas	 but they were influenced mostly by the intransigent conduct of the widow in taking a boy in adoption without considering their proposal with a view to prevent the induction of an outsider into the joint family. That was a case of an adoption by a widow to a deceased member of a coparcenary and it may be that different consideration might arise in such a situation on which we do not propose to express any opinion. Adverting to that judgment	 Satyanarayana Rao	 J.	 observed in Sundara Rama Rao v	 Satyanarayanamurti (3): (1) (1933) L. R. 60 I.A. 242. (2) A p p Is Noos 95 & 226 of 1944 (decided on 15.7.1946) 1.L.R. 1950 Mad 461. 467 "No general rule can	 therefore	 be laid down that in all cases and under all circumstances the refusal of a sapinda to give his assent to the adoption on the ground that the widow refused to accept the boy of his own in adoption as a proper refusal. The question has to be considered on the facts of each case. " Another division Bench of the Madras High Court consisting of Rajamannar	 C.J.	 and Balakrishna Ayyar	 J.	 in Venkatarayudu vs Sashamma (1)	 held that refusal by a sapinda to give his assent to the proposed adoption by a widow	 of a boy	 on the ground that the boy was not a Sapinda or sagotra or a gnati	 was not proper. It is true in that case the sapinda did not offer his son or make any suggestion that a sapinda or sagotra was available for adoption. The learned Chief Justice	 speaking for the Court	 observed: "As Mayne (Hindu law	 tenth Edition) remarks at pages 221 and 222 it is very difficult to conceive of a case	 where a refusal by a sapinda can be upheld as proper. 	The practical result of the authorities therefore appears to be that a sapinda 's refusal to an adoption can seldom be justified". It may be that in a case where the sapinda refused his consent to the adoption of a boy on the ground that the boy was disqualified	 say	 on the ground of leprosy or idiocy	 the refusal would be proper. In this case	 we have no hesitation in holding that the refusal by the plaintiffs on the ground that the proposed boy was not a sapinda or sagotra or a gnati was no t proper. " The division Bench did not follow the observation of Bhashyma Ayyangar	 J. Another division Bench of the Madras High Court	 consisting of Satyanara. yana Rao and Viswanatha Sastri	 JJ	 noticed the (1) A. 1. R. 746. 468 observations of Bhasyham Ayyangar J.	 in Sundara Rama Rao vs Satyanrayanamurti (1). Therein Viswanatha Sastri	 J.	 observed: "With the greatest deference to that great Judge	 it seems to me to be questionable whe ther refusal to consent by a sapinda to an adoption by the widow except 'on condition that his son should be adopted is a valid or proper refusal. " In the present case	 the High Court followed and accepted the said observations	 and we also agree with them. We	 therefore	 hold that the observations of Bhashyam Ayyangar	 J.	 are only in the nature of obiter and that they have rightly been treated as such in later decisions. That apart	 as we have pointed out	 the said observations are opposed to the principle of fiduciary power which has now been accepted. The result of the foregoing discussion may be summarized thus: The power of a sapinda to give his Consent to an adoption by a widow is a fiduciary power. It is implicit in the said power that he must exercise it objectively and honestly and give his opinion on the advisability or otherwise of the proposed adoption in 'and with reference to the widow 's branch of the family. As the object of adoption by a widow is two fold	 namely	 (1) to secure the reference of the funeral rites of the person to whom the adoption is made as well as to offer spindas to that person and his ancestors	 and (2) to preserve the continuance of his lineage	 he must address himself to ascertain whether the proposed adoption promotes the said two objects. It is true that temporal consideration	 through secondary in importance	 cannot be eschewed completely but those considerations must necessarily be only those connected with that branch of the widow 's family. (1) I.L.R. 469 The sapinda may consider whether the proposed ' adoption is in the interest of the wellbeing of the widow or conducive to the better management of her husband 's estate. But considerations such as the protection of the sapindas ' inheritance would be extraneous	 for they pertain to the self interest of the sapinda rather than the wellbeing of the widow and her branch of the family. The sapindas	 as guardians and protectors of the widow	 can object to the adoption	 if the boy is legally disqualified to be adopted or if he is mentally defective or otherwise unsuitable for adoption. It is not possible to lay down any inflexible rule or standard for the guidance of the sapinda. The Court which is called upon to consider the propriety or otherwise of a sapinda 's refusal to consent to the adoption has to take into consideration all the aforesaid relevant facts and such others and to come to its decision on the facts of each case. Bearing the said principles in mind	 let us now scrutinize the persons given by the different sapinda is refusing to consent to the proposed adoption with a view to ascertain whether their refusal was proper or not. At an earlier stage of the judgment we have given the reasons given by each one of the sapindas who were approached by the widow for their assent. The 1st plaintiff is the only sapinda who made a general suggest that the widow could make an adoption from one of his grandsons or his cousin 's great grandsons. But a scrutiny of his reply discloses that he also looked at the problem presented to him from a personal and selfish angle. His reply reveals a biased mind. He has expressed surprise that the widow should have thought fit to take a boy in adoption	 for earlier	 according to him	 she gave up the idea of making an adoption at the request of the 1st plaintiff and other ' agnatem and also stated that 470 when she decided to make the adoption she would select a suitable boy from those of his first cousin. This clearly shows that he was more concerned with the reversioners ' inheritance to the estate of the last male holder rather than with the religious benefit that would accrue to him. He then questions the widow 's motive	 which again is an irrelevant consideration. He then relies upon the custom prevailing in their community whereunder an agnate alone could be taken in adoption	 but no attempt has been made to establish the said custom: therefore	 it may be taken that a false reason is given. As regards the boy proposed to be adopted	 he vaguely states that he is aged and ineligible for adoption. Finally	 he declares that he has no objection to the widow making an adoption	 provided one of his grandsons or the great grandsons of his cousin is taken in adoption. It will be seen that except the vague generalities he cannot point out any particular disqualification attached to the boy either on religious or secular grounds: nor can be say that by adopting him the interests of the widow or of the branch of her family would be adversely affected. The entire reply discloses a closed and biased mind against the widow taking a boy in adoption; and the proposal made to her to take one of the sapindas is only made with full consciousness on his part that it would be refused. On a consideration of the entire letter	 we have no hesitation in holding that the 1st plaintiff improperly refused to give his assent to the adoption. The refusal by defendants 4 and 5 was obviously improper	 for they set up an adoption alleged to have been made by Kulandaivelu	 the last male holder	 before his death. Defendant 12 did not care to reply: he had only son and was	 presumably	 not willing to give his only son in adoption or take sides. Defendant 11 in his reply offered one of his grandsons or of his brother 's i.e.	 the only son of 471 defendant 12 and the sons of defendant 14. For the reason already stated	 12 would not give his son in adoption	 and defendant 14 had given hit; consent to the adoption. Therefore	 11 's grandsons were not available for adoption. This leaves only the replies of the 2nd plaintiff and defendants 19 and 20 for consideration. 2nd plaintiff wanted his 	son to be adopted	 and defendant 19	 and his son defendant 20	 wanted the sons to be adopted. These three sapindas were clearly actuated by self interest. The replies given by the sapindas appear to us to be a part of their concerted action to prevent the widow from taking a boy in adoption. The sapindas either singly or collectively did not bring to bear their impartial mind on the request made to them	 but they either refused to give their consent or gave it subject to an improper condition with a view to advance their self interest. They did not consider the advisability or otherwise of the proposed adoption in and with reference to the widow 's branch of the family. We	 therefore. hold that their refusal was improper and that the widow rightly ignored it. The next question is whether defendant 14 was legally competent to give his consent to the question. It is contended that defendant 14 was a member of the Dravida Munnetra Kazhagam	 having no faith in Hinduism and Hindu scriptures and practice and therefore he was incompetent to give his advise on the question of adoption	 which is a religious act. Learned counsel for the respondents contends that the certificate issued by the High Court is confined only to one question	 namely	 whether the refusal by the spinda 's to give their consent to the adoption was improper on the facts found and	 therefore	 it is not open to the appellants to raise any other question before us. Reliance 472 is placed upon Order XVI	 r. 4 and Order XVIII	 r. 3(2) of the Supreme Court Rules. Under Order XVI	 r. 4. "Where a party desires to appeal on grounds which can be raised only with the leave of the Court	 the petition of appeal shall be accompanied by a separate petition indicating the grounds so proposed to be raised and praying for leave to appeal on those grounds and the Petition shall	 unless the Court otherwise directs	 be heard at the same time as the appeal. " Under Order XVIII	 r. 3 (2)	 the case lodged by a party 		shall not travel beyond the limits of the certificate or the special leave	 as the case may be	 and of such additional grounds	 if any	 as the Court may allow to be urged on application made for the purpose. " These two provisions do not proprio vigore lay down that the High Court can issue a limited certificate; but they assume that under certain circumstances it can do so. Under article 133	 of the Constitution	 under which the High Court gave the certificate	 does not empower the High Court to limit certificate to any particular point. If the decree of the High Court is one of affirmance the High Court certifies that the appeal involves a substantial question of law; and it has been the practice of some of the High Courts to state the substantial question of law in the certificate issued. Once the certificate is issued and the appeal is properly presented ' before this Court	 the entire appeal will be before it. The assumption underlying the said rules of the Supreme Court may appropriately refer to a certificate issued by a High Court under article 132 of the Constitution	 whereunder the High Court certified that the case involves a substantial question of law as to the interpretation of the Constitution: and where such a certificate is given. any party in the case may appeal to the Supreme Court on the ground that any 473 such question as aforesaid has been wrongly	 decided and	 with the leave of the Supreme Court	 on any other ground. " But we are not concerned here with a certificate issued under article 132 of the Constitution. We	 therefore	 bold that the entire appeal is before us But it does not follow from the said legal position that we should allow the appellants to raise that plea before us	 if they had failed to do so before the High Court. The points argued before the High Court are recorded by the learned Judges thus Mr. Venkatasubramania Ayyar learned counsel for the plantiffs appellants	 did not address arguments to us to displace the ' findings of the trial Judge on the additional issues though he made it clear that he was not abandoning those any of his clients ' conten tions embodied in those issues. He however confined his arguments before us to Issues 1	 2 and 3." From this statement it appears that though this point was not argued before the High Court	 it was not abandoned. We shall	 therefore	 deal with the same. The contention is that defendant 14 is a member of the Dravida Munnetra Kazhagam	 having no faith in Hinduism and Hindu scriptures and practice and	 therefore	 he is incompetent to give consent to the adoption	 which is a religious act. Under the Hindu law a sapinda has power to give consent to a proposed adoption by a widow. Defendant 14 is admittedly a sapinda and	 there. fore	 he can ordinarily give his consent to the adoption	 unless it has been established that he is mentally or otherwise unfit to give his consent. It is not suggested that he is not intellectually competent to give an unbiased advice on the advisability of taking a boy in adoption in the widows branch 474 of the family. But it is said that he has no belief in Hindu scriptures and	 therefore	 he cannot give consent to an adoption which is a religious act. The	 act of giving consent is not a religious act; it is	 the act of a guardian or protector of a widow	 who is authorised to advise the widow	 who is presumed to be incompetent to form an independent opinion. His non belief in Hindu scriptures cannot in an way detract from his capacity to perform the said act. That apart	 defendant 14 in his evidence clearly says that he had considered the qualifications of the proposed boy for adoption and gave his consent. His reasons are : " 'Defendant 2 had faith in God just like Defendant 1. He used to go to the temples and give charities. He had good physical build. He was in a position to take over the management of Defendant 's estate immediately. In view of these facts I considered him to be fit for adoption. He was then reading in B. A. class". These reasons clearly disclose that he applied his mind to the crucial question and gave his consent after satisfying himself about the advisability of taking the boy in adoption. But it is suggested to him in the cross examination that he had no faith in God	 but be denies it and says : "I believe that there is a God but I do not believe in the meaningless religious rites and ceremonies". To further question	 he answers : "I have no faith in taking a boy in adoption. Nor do I believe that a Pierson has	 "atma" and that it should get salvation after death. Nor do I believe that there is an thing called "hell" or "paradise". Nor do I believe that a person leaving no son will go to hell". 475 The fact that he does not believe in such thing does not make him any the less a Hindu. The non belief in rituals or even ' in some dogmas does not ipso facto remove him from the fold of Hinduism. He was born a Hindu and continues to be one till he takes to another religion. But what is necessary is	 being a Hindu	 whether he was in a position to appreciate the question referred to him and give suitable answer to it. After going through his evidence	 we have no doubt that this defendant had applied his mind to the question before him. Whatever may be his personal predilections or views on Hindu religion and its rituals	 he is a Hindu and he discharged his duty as a guardian of the widow in the matter of giving his consent. In the circumstances of the case	 his consent was sufficient to validate the adoption. In the result	 the appeal fails and is dismissed with costs. Appeal dismissed.

The appellants	 the nearer sapindas of the husband of the 2nd respondent who had adopted the 1st respondent	 the son of her agent	 filed a suit for a declaration that the adoption was invalid on the ground that they had properly refused their consent and that the remote sapinda who had given his consent was disqualified from so doing as he did not believe in the Hindu scriptures. The appellants who had been asked for their consent had refused it on the ground that the 1st respondent was not an agnate and that among their grand children or children there were eligible boys whom their parents were willing to give in adoption. The trial court at Madurai as well as the High Court of Madras dismissed the suit	 holding that the nearer sapindas had improperly refused their consent and that in the circumstances the adoption with the content of the remote sapinda was valid. On appeal by a certificate under article 133 (1)(c). Held	 that the power of Hindu widow to adopt is coextensive with that of her husband and when her discretion is not limited by her husband it is absolute and is only subject to the assent of the sapindas. Balusu Gurulingaswami vs Balusu Ramalakshmamma Mad.398	 referred to. The validity of an adoption has to be judged by spiritual rather than temporal considerations and that devolution of property is only. of secondary importance. The Collector of Madras vs Mootoo Ramalinga Sethupathy (1868) 12 M.I.A. 397	 Sri Raghunadha vs Shri Brozo Kishore. (1876) K.R. 3. I.A. 154	 Raja Vellanki Venkata Krishna Row vs Venkata Rama Lakshmi Narasayya	 (1876) L.R. 4	 I.A 1	 Veera Basavaraju vs Balasurya Prasada Rao	 (1918)	 L.R. 4	 I.A. 265	 Amarendra Mansingh vs Sanatan Singh	 (1933) L.R. 60	 I.A. 242 and Ghanta China Ramasubbayya vs Mooparthi Chanchuramayya	 (1947) L.R. 74	 I.A. 162	 referred to. 441 Held	 further	 that consent of sapindas was an assurance of the bonafide performance of a religious duty and the guarantee against capricious action by a widow in taking a boy in adoption and not the possible deprivation of proprietory interests of the reversioners. Sri Krishnayya Rao vs Surya Rao Bahadur Garu; 	 referred to. The sapindas who are in a fiduciary relation to the widow should exercise their power objectively and without being actuated by their own self interest and that the rules regarding taking only a sapinda in adoption were only recommendatory and the fact that the widow wishes to adopt a non sapinda is no proper ground for withholding consent by a sapindas. Sundara Rama Rao vs Satynarayanamurti I.L.R 	 Venkamma vs Subramaniam	 (1906) L.R. 34 I.A. 22	 Srimati Uma Devi vs Gokoolanund Das Mahabata	 (1876) L.R. 5 I.A. 40	 Alluri Venkata Naratimbaraju	 vs Alluri Bangarraju vs C. A. No. 226 of 1944 dated 25 7 46 by the Madras High Court and Venkatayudu vs Seshamma 	 referred to. Observations of Bhashyam Ayyangar	 J. in Subrahamanyam vs Venkamma Mad. 127 held to be obiter and not approved. The refusal of consent by the appellants was improper. Order XVI r. 4 and Or. XVIII r. 3 (2) of the Supreme Court do not by themselves enable the High Court to limit the certificate under article 133 of the Constitution to certain grounds and upon this grant of such a certificate the whole appeal was before this Court and all questions urged before the High Court were open. The consent given by the remote sapinda on a proper appreciation of the relevant facts and despite has non belief in rituals	 he still being a Hindu	 was valid.