Judgment

MATHEW, J.:- The question is, whether an adoption made in "Goda Datta. form, a customary mode of adoption, before the passing of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter. called the Act,), could be cancelled or revoked after its commencement.

2. The relevant provisions of the Act have been considered in the judgment of my learned brother Untwalia, J. and he has come to the conclusion that the custom of Goda Datta adoption has been abrogated by Section 4 (1) read with Section 5 of the Act, and that Section 30 saves only the validity and effect of adoption made before the Act. I agree with these conclusions. I will also assume that Section 15 deals only with cancellation of adoption made after the Act. Even so, I can not agree with his ultimate conclusion that the adoption made in the instant case could be cancelled after the Act came into force.

3. Since the custom of adoption in Goda Datta form has been abrogated by virtue of Section 4 (1) read with Section 5 of the Act, I do not think that the custom to cancel or revoke an adoption in that form could continue after the commencement of the Act. It is difficult to think how a custom of revoking an adoption i