WYAWAS THA-DARPANA, 939 But, by a woman, the gift may be made, with her husband's sanction, if he be alive; or even without it, if he be dead, have emigrated bor entered a religious order.—Now, if there 爆 be no prohibition even, there is assent, on account of the maxim ; “The intention of another, not prohibited, is sanctioned.”—D, Ch, sect. I. § 31, 32. Legal opinions dilivered in the several courts of judicature, and eramined and approred by Sir Hilliam Macnaghten. Q. A man had two sons, the eldest of whom died, and, subsequently to his death, the father gave his second son for adoption to the brother of his wife. Excepting those sons, he had no other issue, ln this case, is it legal to adopt such son 7 R. Under the circumstances above stated, in default of a third son or a son's son, the gift. An only won cannot - g - * he given in adoption, of the second son, after the death of the elder, must be considered as illegal.” Mn m II. I, vol. II. Ch. VI. Case 8, p. 178, } Q is it allowable, according to the law as current in Behar, to adopt an only son An only son cannot. - be adopted according R According to th: law as current in Behar, the adoption in the Dallaka form of an only to the Datsaka form. en:ld 's illegal, as the gift and acceptance of an only son are both prohibited, without which formalities a dattacy adoption cannot be carried into effect.f Authorities, * Int no unan give or accept an only son, since he must remain to raise up progeny for the obsequies of ancestors ; nor let a woman give or accept a son, unless with the assent of her lard.--Pusishtha, cited in the Ilattaka-inímányá and Dattuka-chandriká. Sudder Dewanny Adawlut, May 14th, 1823. Nundram and others v. Kashee Pandey and others,–Maen, H. L. voł. II. Ch. VI. Case 4, p, 189.
- According to the general prohibitory rule, “by him who has one son only, the gift of that son is not legal.” Curairn Iłhatta says: The gist of a son by a man who has two sons, must not he made; for, having quoted the text of Shounaka, (“By a man having several sons, the gift of a son is to be made, on account of difficulty,”) he observeh, that on the death of the other son, the lineage would be extinct. This opinion is concurred in by the authors of the Voijayant. Whd Dattaka-mimánsá, “By no man, having an only son, is the gift of a son to be ever made. From this expression, the gift by one having two sons, being inferrible, this part of the text (“By one Aving ೫veral on &e) i: ಆಳ್ದುಟಿ, prohibit the same, by one having two song also.”—It must be here"remarked, that the prohibition of giving a son by a father of two sons, does not exand to avoid the gist of a son, made by a person who has a son or a son's son, or two grandsons, in addition to him who is given; for, by parity of reasoning, no extinction of the lineage would occur, if, in addition to a son, he have a son's son or two grandsons living, as the term “son” means son, son's son, and son's grandson. It will be observed, that the answer is not directly in point. The question was: is it legal to adopt a son under such circumstances? and the reply states that, it is illegal under such circumstances to give away a son in adoption; but in fact, the prohibitory injunction applies as well to the giving as to the receiving; the giver of an only son being considered as parting not only with the sole means of evading eternal torment himself, but as placing his ancestors in the same predicament, and as infringing, therefore, the interests of others whom the law will interpose its authority to protect—Magn. H. L. vol. II. pp. 178,179. 蠟
- In this respect there is no difference between the Hindu law as current in Behar, and that as surrent in Bengal. - t
