History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c29.17

v2.c29.17

The position of the Hindu widow was miserable and her lot was most unenviable. She was looked upon as inauspicious and so could take part in no festivities, such as those on marriage. She had not only to lead a life of perfect celibacy, even if she was a child widow, but she had to act like an ascetic, being poorly fed (only once a day) and poorly clad. Her rights to property were negligible. Even if the husband died sonless she did not originally succeed as shown above (p. 582). Later on her position as an heir was improved; but even then she could ordinarily enjoy only the income of the property and could transfer it only for the legal necessities of the family (including herself) or for the spiritual benefit of her husband. In a joint Hindu family a widow had only the right of maintenance (except in Bengal where she had more rights), which would be forfeited if she became unchaste and persisted in that course.¹³⁷² If she returned to a moral life then she may be entitled to bare starving maintenance (vide above p. 573). If her husband had separate property and left a son or sons, the widow was only entitled to maintenance. This was the law in British India till very recently. Recently the position of the widow of a member in a joint Hindu family and of the widow of a person who leaves separate property has been improved by Act XVIII of 1937 as amended by Act XI of 1938.