VYAVASŤ HĽA’ DARPANA ~ 357
- 181 - This donation of equat' share (to a wife) occurs, where no Stridhan Vyavasthā or peculiar property has been bestowed on (her) by her husband and the rest."
- If he make the allotments equal, his wives, to whom no stralian has been given by their authority husband or their father-in-law, must be rendered partakers of like portions.” JAGNYAVALKYA.
182 If Stridhan has been given to some of the wives, the sonless wives must Vayavasthā be rendered, by the father, partakers of property to the same amount.” 183 But where such Stridhan has not been given, they must be rendered equal sharers with the sons.” This is the law in the case where the sons are made equal sharers. 184 Where the father has allotted lesser shares to his sons and reserved a greater portion for himself, equal shares must be made up (to his sonless wives) from his own portion.” 185 In the case of stridhan having been given, half a share (u) is to be given (to the sonless wife).” - By the rule of analogy, observed in the case of a wife whose husband marries a second wife, Reason and who has received Strádham, being entitled to receive only half of the 4dhivedanika. (e).” So the text of Ja'anyavalkya : “To a woman, whose husband marries a second wife, let him give an equal sum, as a compensation for the suppression, provided no Strödham have been bestowed on her : but if any have been assigned, let him allot half.”f (u) * Ha}f a share * that is, half of a son's share is to be given to the wife. Dá. T. Sans. p. 10. (e) The property which is bestowed on a first wife, by a man desirous of marrying a second, is termed * didhivedamika,' the object of such gift being to contract a second marriage. This should be equal to what is given to the second wife.” - Although this (property) relate to the gift made to a superceded wife, and the text “to whom no stridhan has been given” relate to the partition made by the father, yet it may be so assumed in the present case also; conformably to the maxim, that the sense of the law ascertained in one instance, is applicable in others also, provided there be no impediment. SBI RRISHNA's commentary on the Dáyabhagá, Sans. pp. 81, 82.
- W. Dá kra. Sang pp. 98–100. See Coleb. Dá bhá. pp. 63, 64. Coleb. Dig, Vol. III. pp. 11-20. Maen. H. L. Vol. I. p. 47.
+ “Met him allot half."—The allotment of a taoiéty implies that the other moiety is completed by the wornan's separate property. Else so much only should be given as will make her allotment equal to the son's. MAHEshwana.
