Mahavira Smruti Granth Part 01

SR No.: 010530
Original Sutra Author: N/A
Author: Kamtaprasad Jain, Others
Publisher: Mahavir Jain Society Agra
Total Pages: 363
Language: Hindi
Classification: Smruti_Granth
File Size: 9 MB

Page 292

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भ० महावीर-स्मृति-ग्रंथ ।
अपुत्रकस्य गति नास्ति. A jain can attain Salvation (निर्वाण) by destroying the eight Karmas, though he has no 189ue at all.
Jainism is the religion of equality, liberty and perfect knowledge and all matters i e. material and spiritual Jain last gives absolute interest to the widow in her husband's property. So also she can adopt without her husband's cossent and if childless, she acquires an absolute right and othership in ber husband's separate property The Jain Tidow has full power of aliena. tion over the non-ancestral property of her husband (See thrill, and
FACELIỆCT stanza 73). According to Hındy Law an orphan cannot be adopted, but among Jains a major boy can give valid consent for his adoption In 87 I. C 1925 All H C Mukerji J remarks . " Among Jains adoption 18 more a matter of custom than of spiritual necessity and even a married man may be adopted among them " If the adopted son is found to be of bad character or ill treats bis parents or gives up Jainism a declaring decree can be obtained not only against the adopted son only but also against the real son (See EEGHIEGT 52 to 54 and also I 86 to 88 )
Agarwal Jains have been beld by the H Courts to belong to twice-born classes but according to the ruling of the Privy Council in Lala Rupchand Vs Jarana Prasad, 12 Bom L. R 402 Their Lordships held that custom is proved and on the strength of the custom held –
Among Jains adoption is no religious ceremony and under the Law or custom there is no restriction of age or marriage among them. "It is needless to point out that this 18 not allowed according to Hindu Law. So also Jains have taken a magnanimous view even in matters resating to widow's property. In Mitter Sen V3. Dattaran 87 1 C 724 = AIR 1926 All 74, held that the agreement by the adoptee as condition precedent to the adoption to give some property to widor's brother, 18 binding. But a Hindu widow cannot make the adoption upon the adopted son's agreeing to carry out her
lirections to make gifts. According to Hindu Law an attempt to bind the adopted son by such conditions must fail and the Hindu son takes the estate free from them. The inequality or disability of the Hindu Law is regards the disposal of her husband's property by the widow has been done away with by the Jain Law. Jaia widow's power to alienate her husband's property is not at all restricted But as the Jain Scriptures have never been tahen into consideration, por referred to, the difficulty is that a Jain widow has to prove the custom in the Law Courts Thus Jains had to incur heavy and unnecessary expenses to discharge this proof. Such a custom prevailing among the Jains has been proved in several cases and it has been held in cases from Meerat ( 1 A11. 688 ), Saharanpur ( 16 AU. 379 ) and Arran in the District of Sahabad (27 Cal 379 ) that amongst Agarwal Jains the syidok takes ani absolute cstate in the self-acquired property of her husband and that she has full poter of alienation in respect of such property. (See also 13 Bom. L.