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Unit 17: Divorce, Widowhood and Re-marriage

han Roy attracted the attention of the government on this issue. With their initiatives, the Hindu Notes
Widow Remarriage Act came into force in 1856. Through this act, the legal hurdles related to
widow remarriage were cleared. The prominent features of this act are:
1. At the time of remarriage, if a woman’s husband is dead, then such a marriage is said to be
legal.
2. The issue (children) from this marriage are also legal.
3. If, at the time of remarriage, the widow is minor, and did not have any sexual relations with
her first husband, then the permission of her father, grand father, elder brother or any other
close blood relation is required, for remarriage.
4. If, at the time of remarriage, the widow is an adult and had been in a sexual relation with
her first husband, before his death, then she can remarry without the consent of any of her
relatives.
5. Widow opting for remarriage has no rights on her first husband’s property.
6. In case her dead husband leaves a will or there is an agreement with the family members,
then the widow can gain rights on his property despite remarrying.
7. After remarriage, the woman gains all the rights that she had been entitled to, during her
first marriage.

Widow remarriage was prevalent even during the Vedic period. Vashisht,
narad and Kautilya too, allowed widow remarriage. It was prohibited only dur-
ing the Middle ages. Thus, it can be said that widow remarriage is religiously
approved.

17.3 Summary

• The legal and social end to relations between husband and wife is known as separation or
divorce.
• Manu has allowed women to remarry in case, they are infertile, have daugthers only or are
quarrelsome.
• Under the Hindu Marriage Act, 1955, Judicial Separation and Divorce are two separate
cases.
• The husband and wife may be allowed to stay separately on some grounds. If they succeed
in sorting out their differences during this period, they can re-establish their marital rela-
tions.
• Hindus allows a man to remarry, in case his wife dies. But a woman is not allowed to do so.
She is deprived of many comforts.

17.4 Keywords

1. Feminism: Supporting equal rights for women as men, in every sphere of life is known as
Feminism.
2. Causes of Divorce: The wife’s infertility, the man or woman’s immoral attitude, illness or
violent nature may act as the causes of divorce.

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