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Report No. 81

6.7. Guardians according to Yajnavalkya.-

The five persons mentioned in section 7 of the Act of 18561 are the same as those enumerated by Yajnavalkya2. In Yajnavalkya, however, the mother is placed at the end of the list, while, in section 7, she appear in the middle. Yajnavalkya3, whose text is adopted in the Mitakshara, and is followed in all the schools4 except the Gauriya, declares:5 "The father, paternal-grandfather, brother, kinsmen (Sakulya) and mother, being of sound mind, are the persons to give away a damsel-the latter respectively on failure of the preceding".

1. Para. 6.6, supra.

2. Yajnavalkya-(Father, Father's father, Brother, other male relatives, mother).

3. Yajnavalkya, I, 63: 28e.

4. Banerjee Marriage and Stridhana, (1923), pp. 48-49.

5. See also Gour Hindu Code, (1938), p. 117, para. 357.

Hindu Widows Re-marriage Act, 1856 Back

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