History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c26.466

v2.c26.466

Manu (IX. 47) declares 'once is the partition of inheritance made, once is a maiden given in marriage'. This rule really means that once the ceremony of marriage is completed by saptapadī, the marriage is irrevocable and the girl cannot thereafter be given to any one else. But if a girl is only promised in marriage and if a more worthy suitor subsequently presents himself, then the father may commit breach of promise and give her in marriage to another. Vide also Manu (IX. 71 and VIII. 98). Yāj. I. 65 states the rule and the exception 'A girl is given only once; a person who after having promised to give, deprives that man of her, is liable to the punishment of a thief; but if a more worthy suitor approaches, the father may deprive the former (suitor) of her (hand) though promised'. The Mahābhārata (Anuśāsana 44. 35) says that up to pāṇigrahaṇa any one may ask for the hand of a maiden (even though promised before to another). Nārada (strīpuṁsa vv. 30 and 32) contains similar provisions.¹²⁴⁹ Conversely, if a man agrees to marry a girl and subsequently discovers defects in her or if she is diseased or already deflowered or given by practising fraud he may refuse to marry her. Vide Manu IX. 72. If a guardian gives away a girl without declaring the defects of a girl (and they are subsequently discovered) the guardian should be fined in the highest ammercement (according to Yāj. I. 66 and the lowest, according to Nārada, strīpuṁsa v. 33). Aparārka¹²⁵⁰ (p. 95) and others add that the defects referred to must be latent and not apparent or patent to view. If a suitor repudiates a girl who is free from defects he should be fined in the highest ammercement and if he falsely accuses her of defects he should be fined one hundred paṇas (Yāj I. 66 and Nārada, strīpuṁsa v. 34). Nārada adds that he who abandons a faultless girl should be punished and should be made to marry the same girl.¹²⁵¹