History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.26.3

v4.c63.t2.26.3

It should be noted that the Dvaitanirṇaya or Dharmadvaitanirṇaya¹²⁹³ (of Śaṅkarabhaṭṭa, father of Nīlakaṇṭha) and the V. Mayūkha both hold after a very abstruse reasoning based on several Mīmāṁsā rules, that men of the three higher classes may adopt a daughter's son, a sisters's son or a mother's sister's son and that a śūdra must adopt one of these if available in preference to any one else. The Bombay High Court follows the interpretation of Śaunaka's verse given by Nandapaṇḍita in preference to Nīlakaṇṭha's, but in its turn disregards the authority of Nandapaṇḍita who forbade the adoption of a brother or uncle. It would have been far better if it had generally brushed aside everywhere the dicta of Nandapaṇḍita and preferred the interpretation of the Mayūkha. Popular sentiment is in favour of the daughter's son or sister's son being adopted, as they are the nearest and often the dearest relations, and yet the High Court shuts the door against them, while it opens it ajar for the adoption of a brother or maternal uncle or his son or one's own daughter's husband, which appears absurd to people. Besides the High Courts have recognised the adoption even of a daughter's son¹²⁹⁴ on the ground of custom by Deśastha smārta brāhmaṇas in the Dharwar District (vide *Sundrabai v. Hanmant* 56 Bom. 298), by Telugu brāhmaṇas (*Viswasundara v. Somasundara* 43 Mad. 876). Śūdras can adopt a daughter's or sister's or mother's sister's son all over India. The D. M.