History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.1003

v4.c63.t2.1003

A custom which authorizes a woman of the lower castes to contract a second marriage without divorce on payment of a certain sum to the caste was held to be immoral¹⁸⁹⁹ and the Bombay High Court refused to recognize the authority of the caste to declare a marriage void or to give a woman permission to remarry without a release from the husband.¹⁹⁰⁰ The adoption of girls by dancing girls (*naikins*) has not been recognized by the Bombay High Court,¹⁹⁰¹ though the Madras High Court would recognize such an adoption if there was no intention to make it for purposes of prostitution.¹⁹⁰² Dagger marriages are practised among certain castes. The Brahmapurāṇa (chap. 111. 15 and 44-46) states that among kṣatriyas there are several forms of marriage such as forcibly carrying away the bride (which is the form called rākṣasa) or marriage with the weapons (of the bridegroom). In modern times dagger or sword marriages have not been held valid by the courts even among śūdras; vide *Maharaja of Kolhapur v. Sundaram* 48 Mad. 1, *Ram Saran v. Mahabir* 61 I. A. 106.