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Vyavaharamala: a text on Indian jurisprudence

by P. V. Rajee | 2008 | 63,341 words

This essay is an English study on the Vyavaharamala: a text on Indian jurisprudence from the 16th century. It covers aspects of such as individual legal procedures and societal welfare, thus reflecting the judiciary principles of ancient ancient Indian society....

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Marriage is of eight types. They are panigraha, brahma daiva, arsa, prajapatya, gandharva, asura, raksasa and pisaca., In panigrahana woman dies and, if there are no children. husband can claim over the women dowery. If the husband is not alive, husband's brothers can possess it. In the above

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280 mentioned eight marriages if there are children they can have claim on the dowery. If the woman passes away, her children will have right on the dowery. If there are no children, husband and relatives will have the right over the dowery. If the woman who received the dowery and she dies, the relatives such as uncle will have right over her doweries. Goutama says, the unmarried daughter of the dead woman should have the first claim over the dowery. Married daughters will have a claim only after it. After that child less daughters and legitimate daughters will have the claim respectively. The term apratisthita signifies childless and mongless daughters. Brothers can have a claim on the dowery given by brothers to sisters after sisters death. The mother can have a right on it. In the same way after the death of a woman no one can claim the presentations given by others at the time of marriage. Manu says, daughters can have a claim over the dowery of mother who has passed away. After that the grant doughter's

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281 can have claim on it due to affection. Manu says, if a Brahmana marries both a Brahmana woman and ksatriya woman who is childless, the child of Brahmana woman who belongs to the upper class can have right over the dowery given to the ksatriya woman by her father. In the same way if ksatriya and vysya marries similarly, the dowery of the woman of lower class who has no child, can be claimed by the upper class woman's child. It is due to the reason that on the basis of castes, right over the dowery changes. After the marriage of a woman and after receiving dowery as 'kanyadanam' in the marriage, when the woman is brought back by her people, the husband can demand fine and interest, from the woman's relatives. If the marriage with a woman is decided to a person and after that another person makes request for marriage with her the first person can be avoided. Brothers of unmarried women can have the ornaments of her after her death, ornaments being used by her at the time of her living or given to her by the relatives. If there are no

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282 brothers, parents can have it. Children and grand children can have claim over the money of stepmother, who has equal status of mother. After dividing the property and money of father if brothers keep a part of some property, they should also be devided equally. Debts also have to be shared equally. Son. According to Dharmasastras the son born to the married woman is called Aurasa. He is the legitimate son. The adopted son is called Dattaputra. The son born to the downtrodden class is called 'Krtaputra'. The above things are mentioned in the work Smriti Chandrika. In kaliyuga there is no mentioning about the devision of property to Krtaputra. They have no advantage. In Kaliyuga the legitimate son is 'Aurasa'. The son who is to be adopted should be from other clan with good merits. He should be eligible to control the wealth and clan. After adopting a son if another son is born to the step mother 1/4 of the wealth of adopted son should be given to the new born child.

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283 Manu says, the son is the person who safe-guards father from the hell called 'Pum'. At the glance of the sons face after his birth, father frees from the debt called 'Pitr-rna'. He would attain heaven. Father will attain welfare by children and grand children. He will have opportunity to come to the "world of Surya", if he sees own children and his grand children. Brihaspati says as the boat which is not so strong is sinking in water, due to a storm water, he will reach dark hell due to useless son.

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