Jaina Law Bhadrabahu Samhita

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

Page 95

APPENDIX B.
79
The life of the error would have extra protection from a kind of mimicry in social matters : the Jainas, and at least Agarwala Hindu Vaishnavas, have a common descent, common customs, of course interdining, and even frequent intermarriages. The ladies fairly often worship both the Hindu and Jaina Gods, and a sort of practical compromise is effected in every-day life ; now the Agarwal Vaishnavas ara undoubtedly governed by Hindu Law, and the error of concluding from this that the Agartala Jainas are also similarly governed, would not be detected at once.
But in almost every important Jaina case that has been litigated, the claims of Jaina Law and custom, as over-riding 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 Govindnath Roy v. Gulab Chand (1833), 5 Sel. Rep. S. D. A., Cal. 276. Here Jaina Law triumphed. It was held that a Jaina widow could adopt 'a son without the sanction of her husband. This was a Moorshidabad case, and the decision was apparently based upon the Vyavastha of the Pandits who said : “ According to Jaina Shastras, a sonless widow may adopt a son, just as may her husband for the performance of rites. The sanction of her husband or the direction of the Yatis or priests is not essential.” Another question was raised (but left undecided) as to the widow's right under the Jaina Law to alienate or give away her property after the adoption. The claim of Jaina Law was asserted and upheld in this case.
In 1863, a case was fought in Shahabad (Bihar) subnomine Chandan Koer v. Padmanath Koer. In this, a Jaina joint brother succeeded by survivorship to his brother Tho widow of the deceased brother claimed to succeed by Jaina custom. The case was compromised. But the point is that the exist