Page 122 - DSOC402_SOCIOLOGY_OF_KINSHIP_ENGLISH

Sociology of Kinship

Notes A woman who remarries when her husband is alive is called ‘Punarbhu’. Kautilya allows a
woman to desert her husband, in case he has a bad character, living abroad since a long time, is
ungrateful to his family and friends, has been outcasted, is impotent or his wife’s life is endan-
gered. Enemity too, may be a reason for separation. Narad and Parasher have allowed women to
look for a second husband, in case her husband is impotent, missing, dead, renounced the world
or has been outcasted. But since the beginning of the Christ era, separation was considered anti
religious, impure and an act of hatred, on grounds of immorality, 1000 years after Christ, the no-
tion that ‘Kanydan’ [the ritual of giving away (donating) daughter in marriage.] Could be done
only once, became strong and no matter, how bad character or violent a husband was, he could
not be deserted. Out of the eight kinds of marriages, divorce was allowed in case of the last four
only. The first four kinds of marriages were considered to be ‘Religious obligations; and thus,
separation was not possible. The problem of separation is prevalent in the upper castes of the
Hindu religions only. In the lower castes, such a separation is possible even today. The Hindu
religion allows men to separate but women are refrained from doing so. Male domination and
low status of women in society are the reasons for it.

The legal and the social view, terms the end of marital relations as separation.
Separation symbolises the husband-wife’s failure to adjust to their married and
family life. This proves that the motives of the marriage remain unfulfilled. It is
a matter of sorrow, the end of trust, commitment and love.

Causes of Divorce
According to the religious scriptures, divorce (separation) can be allowed in cases, where hus-
band is impotent, the woman is infertile, has daughters only, or is bad charactered or quarrel-
some. Fonseka and Choudhary has studies the reasons for separation:
According to Damlay, the main reasons for divorce have been identified as husband-wife con-
flicts, lack of adjustment (due to misbehaviour by the husband, quarrel, with in-laws etc.)., wife’s
infertility, husband or wifes’ immorality husband not fulfilling family responsibilities due to ill-
ness or nature, husband’s conviction etc.
Fonseka has found that the prominent factors for separation are desertion and violence (69.1%),
infedility (20%) and impotence (8.3%) etc. Choudhary in his studies has found illicit relations,
unsatisfactory married life, physical violence, poverty, wife’s working life, initial struggle, ter-
minal disease, impotence, age difference and intimidating nature, as the reasons for divorce.

Arguments Against Divorce
Some people are not in favour of divorce. The reasons citied by them are as follows:
1. Anti-Religious: The Hindu Marriage is considered a sacred, religious ritual and a bond to
be lasted for ever. Breaching this bond is unpardonable.
2. Obstructs Family Life: It increases obstructions in family life.
3. Creates Problems of Maintenance: Divorce causes problems of maintenance for women, as
they are financially dependent on their husbands.
4. Creates Problems for Children: It has an adverse effect on children. Bringing them up be-
comes an uphill task and it hinders the development of their personality too.

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