History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c31.22.3

v2.c31.22.3

Among śūdras and other lower castes widow remarriage has been allowed by custom, though it is held to be somewhat inferior to the marriage of a maiden.¹⁴⁴⁷ Among these castes remarriage is allowed after the death of the husband or during his life-time with the consent of the husband who gives a writing called *farkhat* or *sod-chitti* (a deed of release). Such marriages are called *pat* in Mahārāṣṭra, *natra* in Gujarat, *udki* in the Canarese districts. In some cases the caste in a meeting assembled takes upon itself to bring to an end a marriage and allows the wife to re-marry. But the Bombay High Court does not recognize the authority of a caste to declare a marriage void or to permit a woman to remarry another person without the consent of the husband and have convicted of bigamy women re-marrying without the consent of the first husband but with the permission of the caste.¹⁴⁴⁸ In modern times, the Hindu Widows' Remarriage Act (XV of 1856) has been passed mainly through the efforts of Pandit Ishwar Chandra Vidyasagar. That Act legalises the marriages of widows notwithstanding any custom or interpretation of the Hindu Law to the contrary and declares that the children of such marriages are legitimate. Owing to the sentiment of centuries widow remarriage is still looked down upon and during more than eighty years since the Act was passed not many widows have taken advantage of it. The Census¹⁴⁴⁹ of India for 1931 discloses certain appalling figures.