in the Courts of the Madras Presidency. 38 



.But neither of these difficulties are of much weight. For 

 instance, a Hindu who elected to be bound by English law 

 should not be allowed to dismiss his wife except by the legal 

 process of divorce, nor to marry another while she was alive 

 and united to him. But the marriage ceremony would be 

 performed, and its validity decided according to the rules of 

 his own religion. So a Hindu adoption has at once a religi- 

 ous and a civil aspect. For religious purposes it would re- 

 main. For civil purposes it would cease. An anglicised 

 Hindu who adopted, would have a person to perform his fu- 

 neral ceremonies, and would, no doubt, obtain all the privi- 

 leges in the other world which an adoption has hitherto 

 procured. But his adopted son would be in exactly the 

 same position as a person adopted by an Englishman or a 

 Muhammadan, and would possess no right of succession to 

 his property. On the other hand no injustice would be done 

 to him, as his adoptive father might provide for him amply 

 by settlement or will, and the fiiends of the boy could 

 always make it a condition precedent to his adoption, that 

 such a provision should be made. 



Again, with regard to vested interests, no insuperable ob- 

 stacles to a fair arrangement would arise. To take the two 

 last instances. A Native, who had already a plurality of 

 wives, would continue to be their lawful husband, and would 

 remain liable for their maintenance. A son, adopted previ- 

 ously to the change of legal status, would be treated to all 

 intents and purposes as if legitimately hom( a ). One of se- 

 veral undivided brothers abandoning the Native law, would 

 be dealt with exactly in the same manner as a partner quit- 

 ting his firm. He would have to take his own share by 

 division, and would (in the absence of a special agreement to 



(a) Except, of course, in the case of a son being subsequently born to 

 his adoptive father, when the adopted would only take one-fourth of the 

 share of the natural-born son. See Regular Appeal No. 51 o/'186] ? 1 Mad. 

 H. C. Kep. 45. 



