History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c31.s1.4

v2.c31.s1.4

The Arthaśāstra of Kauṭilya contains some interesting observations bearing on divorce.¹⁴⁵⁸ 'A wife hating her husband cannot be released from the husband if he is unwilling (to let her go), nor can the husband release himself from the wife (if she is unwilling); but if there is mutual hatred then release is possible. If a man fearing danger (or injury) from his wife desires release from her, he shall return to her whatever was given to her (at the time of marriage). If a woman out of fear of danger (or injury) from the husband desires release, the latter need not return to her what was given to her (at the time of marriage); marriages in the approved form cannot be dissolved.' Kauṭilya himself says (in III. 2) that the first four forms viz. brāhma, prājāpatya, ārṣa and daiva are dharmya (approved), since they are brought about under the authority of the father.¹⁴⁵⁹ Therefore according to Kauṭilya there can be no dissolution of the marriage tie if the marriage was celebrated in one of the first four forms. But if the marriage was in the gāndharva, āsura or rākṣasa form, then the tie may be dissolved by mutual consent, if both have come to hate each other. But he seems to hold that there can be no release at the instance of only one party to the marriage who has begun to feel aversion to the other party in whatever form the marriage may have been performed. Even in this latter case he apparently makes an exception, where physical danger is apprehended by one party from the other.