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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s92.4

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s92.4

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English

v1.c6.s92.4

His Vyavahāramayūkha is a work of paramount authority on matters of Hindu law according to the decisions of the Bombay High Court in Gujerat, the island of Bombay and northern Konkan.¹⁰⁹⁵ Even in the other parts of the Bombay Presidency such as the Maratha country and the Ratnagiri District the Vyavahāramayūkha occupies a very important place though it is subordinate to the Mitākṣarā.¹⁰⁹⁶ The general principle on which the Bombay High Court acts in construing the rules laid down in the Mitākṣarā and the Vyavahāramayūkha is that the two works are to be harmonized with one another wherever and so far as that is reasonably possible.¹⁰⁹⁷ Though the Mitākṣarā is a paramount authority in the Maratha country and the Ratnagiri District and though it is silent about the sister's right as a *gotraja* heir, the courts, in deference to the authority of the Vyavahāramayūkha, have assigned to the sister a high place as an heir even in the Maratha country and in Ratnagiri. Among the other Mayūkhas, the Saṁskāramayūkha has been frequently relied upon by the courts.¹⁰⁹⁸ The Prāyaścittamayūkha and the Pratiṣṭhāmayūkha¹⁰⁹⁹ have also been relied upon in the High Court.

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