History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.49.2

v4.c63.t2.49.2

There is no warrant for the idea of complete severance emphasized here. This dictum was followed in many cases and was accepted by the Privy Council¹³⁰⁸. Another great Judge went so far as to say that 'an absolute adoption appears to operate as birth of the boy in the family of adoption and as civil death in the family of birth, having regard to the legal consequences that are incidents of such adoption' ¹³⁰⁹. But then the P. C. felt that matters were being carried too far and administered the warning ¹³¹⁰ that "As has been more than once observed the expressions 'civilly dead or as if he had never been born in the family' are not for all purposes correct or logically applicable but they are complimentary to the term 'new birth'." We have to see what construction was put upon the verse of Manu by authoritative digests. The V. Mayūkha explains Manu IX. 142 and arrives at the conclusion that the four words *gotra*, *riktha*, *piṇḍa* and *svadhā* are not to be taken literally but they are only used to indicate all those consequences only in relation to the natural father and the like that are brought about by their connection with the *piṇḍa* and the verse of Manu conveys the cessation of all those consequences only. It further adds that the son on being given away in adoption ceases to have similar relationship to his brother, paternal uncle (in the family of birth). It should be noted that the V.