Kumaraswami Sastri Offg. C. J.

1. The only question in these appeals is whether the consent of the husband or his sapindas is necessary to validate an adoption made by a Jain widow. The lower Court held that the Jains are governed by Hindu Law in the absence of proof of any custom to the contrary and that the adoption is invalid as no consent was obtained either from the husband or his sapindas. The finding of fact as to the absence of consent is not disputed before us. The main argument of Mr. Sambasiva Rao who appears for the appellants is that so far as the Jains are concerned no consent is necessary and that the lower Court is wrong in thinking that the Hindu Law applied to them. Were the matter res integra I would be inclined to hold that modern research has shown that Jains are not Hindu dissenters but that Jainism has an origin and history long anterior to the Smritis and commentaries which are recognized authorities on Hindu Law and usage. In fact, Maha Veera, the last of the Jain Theerthankars, was a contemporary of Buddha and died about 527 B. C. The Jain religion refers to a number of previous Theerthankars and there can be little doubt that Jainism as a distinct