Page 125 - DSOC402_SOCIOLOGY_OF_KINSHIP_ENGLISH

Unit 17: Divorce, Widowhood and Re-marriage

5. Since the last seven years, there is no news about the whereabouts of the other party or his/ Notes
her being alive.
6. The other party has not indulged in sexual intercourse for two years or more, after the judi-
cial separation.
7. After the re-establishment of the marital rights, the other party did not abide by them for
two years (no more).
8. The husband accused of rape, sodomy or vestiality.
This Act clarifies that Judicial separation and divorce are two different cases. But permitting
separation, the court gives on opportunity to both the parties to reconcile. If they still do not
wish to stay together, they are allowed to dissolve the marriage. Only in some cases, can divorce
be granted directly. This act also guarantees alimony to the husband or wife. Alimony is payable
until the other party remarries. Under this act, it is not easy to obtain separation and divorce.

17.2 Restriction on Widows Re-marriage

A woman whose husband has passed away and she has not re-married is called a widow. The
marriage of such a woman is called widow re-marriage. The Hindus allow a man to re-marry
after his wife’s death, because he cannot perform the religious rituals without his wife. On the
other hand, a woman is refrained from doing so, after her husband’s demise. She is deprived
of many comforts, is not allowed good food clothes, oil, flowers, perfume and scented objects.
In a way, remarriage is a one party facility, secured by the man for himself while the woman is
deprived of it.
During the vedic period, there was not restriction on widow remarriage. In the Rig Veda, the
unit related to the cremations rituals says to the widow seated beside her husband’s pyre, “Get
up and come back into the world of the alive. He, beside whom you are sitting is non-living.
Come, who held your hand and loved you, is over.” Atharva Veda adds. “Go near the one who
holds your hand and loves you. You have entered into a husband-wife relation with him.” In
Vrihaddevanta, a scripture, the younger brother refrains his elder brother’s wife from sitting
on the pyre. According to Ashwalayan, as the husband’s representative, his brother, disciple
or some middle-aged server should take her away from there. Rig Veda figuratively mentions
as fallows: “As a widow invites her husband’s brother on her bed. ”Widow remarriages were
prevalent during the Mahabharata period, too. Saga Vyasa was invited to impregnate Vichitra-
Veerya’s wife. The Ramayana too, states that after Bali’s death, his wife remarried his younger
brother Sugreeva and Vibhishana married his brother’s widow. Kautilya direct women to re-
marry after the completion of seven menstrual cycles and in case, having son, to wait a year
and then re-marry her husband’s brother, in cases, where the husband goes away from home
and she gets no support from either her husband or his younger brother or when her husband
renounces the world or he dies. Similarly, there was a custom called ‘Niyog’, when woman,
after her husband’s demise, was allowed to have sexual relations with her husband’ brother
or close relative, in order to bear a son. In Smriti and kamasutra, such a woman is referred to
as ‘Punarbhu’ and her child as ‘Punarbhava’. In Stuti, there are two circumstances in which a
woman can re-marry—
She is forcibly married.
The husband dies before the consumation of the marriage.
After the widow remarriage was restricted, the custom of ‘Sati’ became strong. With the initia-
tives of Raja Ram Mohan Roy and others the custom of ‘Sati’ was banned. Then the lives of
widows became more miserable. They had to get through a lot of hardships and temptations.
Their lives seemed to be cursed and they were like dead. Their presence on auspicious occasions
was considered as bad omen. They were not allowed personal grooming and had to shave off
their heads. They were deprived of their husband’s property. To free women from such miser-

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