Hindu Law and Custom (Recht und Sitte) c7.668

c7.668

Repudiation of the wife though permitted was extremely difficult. From the side of the husband of course the repudiation of the wife could be ordained, but the tendency of the legal literature is to render it as difficult as possible. The desertion of a guiltless wife is considered as a crime equal to theft for which a large amount has to be paid as fine (M. 8, 389; Vi. 5, 163; Nār. 12, 95); it also leads to excommunication from the caste and it is said to be the cause of tribulation even in the future life (Vyāsa 2, 47; Dakṣa 4, 16). Āp. 1, 28, 19 prescribes a penance of six months for this crime. Adultery is chiefly mentioned as the crime which justifies abandoning a wife and it is also generally followed by excommunication from the caste. The adulteress in particular cases should even be condemned to a cruel death (Gaut. 23, 14; M. 8, 371; Bṛh. 23, 16 etc.) or should at least undergo severe penances (prāyaścitta); yet according to Vi. 5, 18 the court should interfere only when the husband cannot dispose of his wife single-handed.²