The Law Reports. Indian Appeals Volume 7; Being Cases in the Privy Council on Appeal from the East Indies (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 Excerpt: ...Kebbt the adoration of Vishnu. Practising constant abstemiousness, she KOlITANY.. should give alms to the chief of the venerable for increase of holiness, and keep the various fasts which are commanded by sacred ordinances. A woman who is assiduous in the performance of duties conveys her husband, though abiding in another world, and herself to a region of bliss.'--Dayabhaga, ch. xi. s. i. v. 43. This is the path of duty which the widow is enjoined to follow throughout her life, and it is only by steadily persevering in that path that she can promote the spiritual welfare of her husband. It is to be borne in mind that her capacity to promote such welfare arises only on the date of her widowhood, and not before, as may be seen from v. 43 of s. i., ch. xi. of Colebrookes Dayabhaga: and it is for the purpose of enabling her to secure the attainment of this object, as well as for another to which we shall presently refer, that his estate is made over to her. Accordingly the author of the Dayabhaga after citing the texts of Vyasa above quoted, says: 'Since by these and other passages it is declared that the wife rescues her husband from hell; and since a woman doing improper acts through indigence causes her husband to fall into a region of horror; therefore the wealth devolving upon her is for the benefit of the former owner: and the wife's succession is consequently proper.'--Dayabhaga, ch. xi. s. i. v. 44. It will be seen that the author of the Dayabhaga repeatedly calls the deceased husband the owner of the estate, notwithstanding the widow's succession, she being in possession of it merely as half his body, and solely for his benefit. It is clear, therefore, that according to the author of the Dayabhaga there are two reasons for allowing the widow to succee...