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 in Goda Datta form could continue in force after the custom of making adoption in that form has been abrogated by the Act. The continuance of the custom of cancellation of Goda Datta adoption was dependent upon the continuance of the custom of making adoption in that form. With the arbrogation of the custom of adoption in that form by Section 4 (1) read with Section 5 of the Act, the custom of cancellation also stood abrogated. I cannot understand how one limb of that custom could survive the destruction of the other as both the customs were inseparably intertwined.

4. The Act provides only for the method and form of adoption after the coming into force of the Act. It has made no provision for cancellation of adoption except in Section 15 which, I will assume, relates only to adoption made after the commencement of the Act. Yet, I do not think that the custom of cancellation of adoption in Goda Datta form could continue after the custom of making adoption in that form has ceased to operate after the commencement of the Act. In other words, although there is no separate provision in the Act for cancellation an adoption made before the commencement of the Act, it is difficult to imagine how any legislature could provide for the continuance of the custom of cancellation, which is an incidence of the custom of adoption in that form, without continuing in force the custom of adoption in that form.

5. What then is the effect of the abrogation of the custom of cancelling adoption in Goda Datta form along with the custom of adoption in that form? I should have thought the question could admit of only one answer and that is that the adoption cannot be cancelled after the commencement of the Act, unless the right to cancel the adoption under the custom became an accrued right before the commencement of the Act. Therefore, if the adopter wants to cancel an adoption in Goda Datta form, after the commencement of the Act, he can do so only by establishing that he had an accrued right on the date of the adoption or, at any rate, before the abrogation of the custom to cancel it, in which case, the custom to cancel the adoption would be deemed to continue for cancelling it, notwithstanding the fact that, as custom, it has ceased to operate after the commencement of the Act. In principle, the effect of abrogation of the custom of cancelling an adoption is much the same as the repeal of a law. The past operation of the custom would be wiped out except as to rights accrued. A right to take advantage of the custom of cancelling an adoption, like the right to take advantage of a provision of law providing for cancelling an adoption, is not an accrued right.

"There is no presumption that an Act is not intended to interfere with existing rights. Most Acts of Parliament, in infa