Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
Consummation is not necessary to complete a marriage. In thousands of
cases girls under ten years of age have been married to males older than
themselves who have died before their wives were old enough for the
consummation of marriage. Such a situation has brought about the sad
plight of the tens of thousands of child widows in India. If a girl of
eight years of age is ceremoniously married to a man and immediately
thereafter returns to her father's home to await the time when she shall
be old enough to assume conjugal duties, she is from the moment the
ceremony of marriage is completed a married woman, and if her husband dies
the next day she is an eight-year-old widow whom no orthodox Hindu will
marry.
When the British first came to India it was a general practice for widows
to voluntarily submit to be burned alive with the corpses of their
deceased husbands. This savage practice was called a _suttee_, and by it
millions of child and adult widows were burned to death. By a provision of
the Indian Penal Code such a death is treated as a suicide, and all who
participate in the offence are holden for homicide. We are glad to record
that the British Government has so thoroughly enforced the law in this
respect that _suttees_ have been entirely abandoned by the Hindus.
CONSANGUINITY AND AFFINITY.--Baudhayana says: "He who inadvertently
marries a girl sprung from the same original stock with himself must
support her as a mother."
Marriage between ascendants and descendants is unlawful.
Marriage is also prohibited between a twice-born man and a woman who is of
the same _gotra_, or primitive stock.
The woman must not be the daughter of one who is of the same _gotra_ with
the bridegroom's father or maternal grandfather. Neither must she be a
_sapinda_ of the bridegroom's father or maternal grandfather. _Sapinda_ in
the Hindu law means descended from ancestors within the sixth degree. That
is, from persons in the ascending line within the seventh degree from the
intending husband. The _sapinda_ relationship ceases after the fifth and
seventh degrees from the father and mother respectively.
A _Sudra_ has no _gotra_ of his own.
DIVORCE.--Divorce in the ordinary sense is unknown to the Hindu law. The
Hindus contend that even death does not dissolve the bond of marriage.
The single case in which a dissolution of a Hindu marriage can be granted
by a court of law is under Act XXI. of 1860, which was enacted to meet the
complications which arise when one of the spouses becomes a Christian. If
the convert, after deliberation for a prescribed time, refuses to cohabit
further with the other spouse, the court may upon petition declare the
marriage to be dissolved, and either party is free to marry again.
Public-domain text, read in full here on John Shaqi.
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