V YAVASTEH A^-DAR.PAN.A 7. 7 The right, therefore, if any, of the widow to dispose of this property arosc, and was put upon the ground of necessity, for the support and subsistence of herself and her children. This formed the first and principal point which was made, and on which the opinion of the Pandits was taken as follows:– Question to Pandits. 1. Can a Hindu widow, having infant sons, sell the property of those sons to . stranger under any circumstances of want 7 Ansnver. She may, to preserve the childre: fro: in w:itt, al...! that without consulting the rest of the family. Q. 2. By what authority ? A. 2. The J), ya!, of tra. the Dasyabha ga, and the Pivāda Chintasmani. Q. 3. If there be a widow and brother of the father's side, and infant children, who is to manage for the samily, whether divided or undivided ? W. G. It’ the family were undivided, the uncle of the children has the management. If divideol, the wit!. w h;, s it ; but in cases of emergency she will cousult the relations of her husband. Q. 4. Sup:”-it, J. soi. the property without consulting those relations, would the sale be binding 2 A. 1. It is tice”--ary for her to consult the relations 蠱 if they refuse, then she may sell without their c. . . . .'; t, as ch as is necessary for thể purpose. 13ut she can, in cases of emergency, sell without. "I’. ... ... s of emergency arc, the subsistence of a child, the portion of a daughter, and a srtions, i. ( 3. 5. If the widow have the means of subsistence from the support of the family, call slic t!. . . s...}} the property 2 A. 5. Not so, if she have support. In addition to these opinions of our own Premilifs, we desired this case to stand over, in ord, c.trn what the opinion of other Pandits miglit be, as I had been informıed that the samme tiv: „ti, a w tla, 11. actually pending before the Mofussil court of appeal, and that Mr. Watson, the Ju.' ... ha i ir. ..] the opinion of the Mofussil Pandits to be taken upon the points : :und I have be n :- i) “... it to r.), J, that, in the course of our last vacation, those opinions li:lving been taken, were in co, if ... it it v i , " ... opinion of our own Pandits ; and that judgment was given accordingly by the eourt of #1 1. . . ii. 1. . . .ur of the widow's right to sell in cases of 11ecessity. In truth, it scenns that such a power is founded in neecssity and good sense, i.; a con 11 trx vv , r, t re is no public provisioi for the poor ; for otherwise it might, happen that a child's life vil i;:!.. t 1. • ~:ıç′ ri : i J:«« l for preserving liis property. The only question, therefore, which remains, is, whether the necessity, from w his li file !» . . .vs. r. arises, did in fact exist in this case. As to this, a relation of the deceased father proved, on the part of the plaintiff, that the fish. I. v . . . ;same for two or three years before his deatl ; that his wife was obliged to dispese oi” all liis pers.or:...} property during such his insantiy, for the support of himself and family ; that ther, was noti i or loss at his death but the real property ; that if the ground Ilad been let it would only have bron gint in s - rupees per kátá a year, but that it was occupied by the fanlily themselves ; that they had nothing ..] ... r., subsist on, or to clothe themselves with ; that locfore the sale she did consult Jagannāth, the h.atl , of t lie family, who was a subscribing witness to the deed of sale ; and that eight months after the eroti 1-1 h. i been sold the widow married off the daughter. The only way that this evidence was met on the part of the defendants was, hy proving that, after the husband's death, the widow, who had an elder daughter married in the father's list: tint, used to gro to her house, and had victuals occasionally given her, and this frequently, but she o, . or staid the night that the elder of the infant sons, who liad stoid at the married sister's for two vears ; : rev or:s this firli. I’s death, after he became insane, continued to reside there afterwards : and that tile M Փաւո: - r s. ,1:.
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month after the father's death, also went to reside at his sister's : but both the sous were os', asion. 1; x at their mother's. That the mother herself used sometimes to receive a rupee, sometimes half a rupee, fre", another of the relations ; and that they were all in great distress. This evidence rather tended to co., ti, in than to impeach the case of necessity made by the plaintiff.
