V YAVASTHA-DARPANA. 8 ի
receiving a boy in adoption, though the practice of resorting to writing is prevalent. lt a person. having performed the ceremonies prescribed for adoption, affiliate a boy whose age does not exceed tive years, without having recourse to any written instrument, and the parents of the boy, , , their own free will, give the boy for the purpose of affiliation, in such case the adoption is goo! and legal. The passage quoted in the siriitonurus (u and Pirálthougiratra:-" But alter their fifth year, () king, sons given and the rest must not be adopted: let the adopter take a boy five years old, and first perforth a sacrifice for male offspring.” Zillah Nu'lleil. Selat, luber 20th, lSiti, Kishenkaunt Goswamce, r. Purillanund (;ws wain". Ma n. 11. l. vol, II. (Chaj. V 1. Case ', pp. 175 - 78. (). A person previously to his death left directions with his wife, who was then under age, to adopt a son for him, while his hrothers were alive. In this case, was he at liberty to desire his wife to adopt a son, though his brothers were living : R. If the deceased, previously to his death, and during the lifetime of his brothers, lost A widow ta' i.g x и нису има у аdарt a t - - - - - - - - - - - - , . ~it undror u1ktrw tio!..» directions so given should be considered legal for the purpose of affiliation. The non-age of his fron, he ; iate hus dire, tions with his wife to accept a son in adoption, and subsequently died, on his death, the whilow and the existence of his brothers are, according to law, no obstacle to the adoption. This build, though hor } husband's bro"; 15 opinion is conformable to the doctrines of slow, the lyarakira-sa//ww, the 1/us/uka-moutiusi, an art' l \ \ - ፭ህ} {' !! \ } } . ' , other law howsks. City Moorshedabad. March 19th, 1815 llaradhan stoy, agent of Sarbamongula, r, Biswollath Roy aud others. Alach. H. L. vol. 11. Chap. VI. Cast 5, p. 1st, Q. A person, having less directions with his wife to make an adoption, died, and, subsequently his widow, at one and the same time, adopted two sons ; in this case, is the adoption of both, or either, good and valid Y R. If a childless person, from religious motives, desire his wife to adopt a son, the child A widow, ...,vnik; so adopted becomes the substitute of a legitimate son. The widow is with such permission ಗಿ, ಕ್ಷ್ - ". - - - - r1,111 her htts Hosjiti to competent to adopt. From the direction of the husband, as it is stated in the question, he adopt a on annot evidently considered that one substituted son would be sufficient for the performance of religious "ah" two option - - - - if the sane time, '/'ta. ceremonies. Consequently, in obedience to such order, the widow cannot adopt two sons at the . îilade re“ .d!v same time ; and the ser tid adoption is illegal. v. ili te in all. d. w futhirilies. -“ A son of any description must be anxiously adopted by one who has hohe, lor the sake of the funeral cake, water, and solemn rites, and for the celebrity of his name.” In the text, the word ‘son’ is in the singular number, the author of the 1/uvitamirnuyu construes this as forbidding many adoptions, &c. Menu : “Suges declare these clevel, Hous, (the son of the wife and the rest,) as specified, to be substitutes for the real legitimate soil; for the obsequies would fail, (Ariyālapsit. y” Dacca Court of Appeal, April 30th, S13, Mach. H. L. vol. II. Chap. VI. Case. 7. pp. 13], 1*2, Q.l. If a woman, asserting that she had received permission from her husband to adopt a sun, shall make such adoption, and the granting of the permission be not supported by any other evidence besides her assertion, is the adoption legal 54}
