History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.26.4

v4.c63.t2.26.4

went so far as to say that a widow could not adopt *her* brother's son.¹²⁹⁵ The D. M. ignored the fact that the widow adopts to her husband (and not to herself) who bore no relation to his wife's brother's wife and who could have himself adopted that son. The Bombay High Court and the Privy Council have discarded this absurd proposition of the D. M. Pannalal in 'Kumaun Local customs' notes that in that part of India a daughter's or a sister's son may be adopted (p. 14 para 56). It has been recently held that the adoption of the illegitimate son of a woman even among śūdras is invalid. Vide *Apya v. Ramakka* I. L. R. (1941) Bom. 350. This was relied upon for holding that a woman cannot give in adoption an illegitimate son among Lingayats in *Tirkangauda v. Shivappa* A. I. R. (1944) Bom. 40.