A Hindu must also marry within his caste: a Brahmin must marry a
Brahmin, a Rajput must marry a Rajput, and a Sudra must marry a Sudra.
Whether there are any other representatives of the four original castes
is very doubtful, and even the claim of the Rajputs to represent the
military caste is disputed. Still the rule of prohibition is so far
clear. But there are innumerable subdivisions of Hindus which are also
called castes, and as a matter of fact these minor castes do not
intermarry. How far such marriages would be lawful it is difficult to
say. The matter is entirely one of custom. The ancient Hindu law
furnishes no guide on the subject, because under the ancient law the
intermarriages of persons of different castes, even the highest, though
they were considered undesirable, were recognized as legal. Modern
Hindus seem disposed to deny the validity of marriages between persons
of different castes in either sense of the term.
Divorce, in the sense of a rupture of the marriage tie, is not known to
the true Hindu law. But unchastity deprives a wife of all her rights
except to a bare maintenance, and this without any legal proof. She
cannot succeed her husband as his heir, and of course she cannot
remarry. A little confusion has been caused by the fact that a Hindu
husband sometimes goes through a private ceremony which is erroneously
called a divorce. But this is only done in order more effectually to bar
an unchaste wife from succeeding to his property. Some very low castes
are, however, said to allow a husband to divorce his wife, and even to
allow the divorced wife to marry again. The single case in which a Hindu
marriage can be dissolved by a court of law is by a proceeding under Act
XXI. of 1860, which was passed to meet the difficulties which arise when
one of the parties to a Hindu marriage becomes a Christian. In this
case, if the convert after deliberation during a prescribed time refuses
to cohabit any longer with the other party, the court may declare the
marriage tie to be dissolved, and a woman whose marriage has been thus
dissolved is declared capable of marrying again.
Suttee.
Public-domain text, read in full here on John Shaqi.
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