পাতা:ব্যবস্থা-দর্পণঃ দ্বিতীয় খণ্ড.pdf/১০১

WYAVASTHA-DARPANA. 746 the adulterer, will not lie;” but an action by him is cognizable, if brought for punishment of the adulterer.† 426. The ruling power, however, can impose A pecuniary fine with or without Vyavastha. corporal punishment according to peculiar circumstances.t The effects of adultery will be seen in the chapter treating of exclusion from inheritance. See Maen H. L. vol. I. p. 61. C lebrooke, cited by Strange (App. 33) so also the Regulations, following the Mahomadan law in this particular, treat this offence as a crime against society, and not against the individual, but they require that the husband shall stand forward to prosecute. There is a case (cited in Str. H. L. App. p. 3 #) to which (Pundit) Nārāyana gave his vyavasthā in these terms: “ The husband, in the case in question, has a claim to be reimbursed hy the adulturer the expenses of the Gafa wridiham, and of the ceremonies attending his marriage; and, it desirous of another wife, a right to recover those also of a Heepnd marriage to be computed according to the custom of the country, the times, his easte, and any special .-ireumstanees,--He eited Manu and a number of other books. The retarks upon this synonsthi by Colebrooke and Ellis are as follows:-- “If the hooks cited contain passages that support this opinion, I have not been successfull it search. ing for them. At the beginning of the answer, reference is made to prevailing customs, on which probably it is sounted, rather than on express provisions of the law.” C. “Märäytno says : “it is in conformity with Manu, &c.’ And, no doubt, in equity, the payment of the marriage expenses of the husband, deprived of his wife by the seducer, cannot be wondemned ; but I know not that it is any where preseribed by law. The punishment for every species of adulterous intercourse is most minutely laid down ; and the act is, in all its bearings, considered solely as a criminal , , tleneg.” E. - f Vide Àfamu, eh. VII 1. v8, 352—38:{,