Jaina Law Bhadrabahu Samhita

Author(s): J L Jaini
Publisher: ZZZ Unknown

Page 34

INHERITANCE AND PARTITIOX.
17
Hindu Latv, although a Jaina, as it is for the other party to own the binding authority of the law and custom of the Jainas.
The life of the error Tould have extra protection from a kind of mimicry in social matters : the Jainas, and at least Agarvāla Hindu Vaişnavas, bave a common descent, common customs, of course inter-dining and cren frequent inter-marriages. The ladies fairly often worship both the Hindu and Jaina Gods, and a sort of practical compromise is effected in every life. Norr the Agarrāla Vaishnaras are undoubtedly governed by Hindu Law; and the error of con. cluding from this that the Agarvāla Jainas are also similarly gorerned, would not be quite patent on the face of it.
But in almost every important Jaina case that has been contested, the claims of Jaina law and custom as overriding the rules of Hindu Law have been advanced and more or less considered. A hurried glance at the case-law will not be without interest.
An old case is Gobinda Nath Roy v. Gulab Chand (1833), 5 Sel. Rep., S. D. A., Cal. 276. Eero Jaina lat triumphed. It was held that a Jaina widow could adopt a son, without the sanction of her husband. This was a llurshidabad case, and the decision was apparently based upon the Vyavastha of the Pandits who said: “According to Jain Shastras 'a sonless widow may adopt a son, just as may