Vada in Theory and Practice: Studies in Debates, Dialogues and Discussions in Indian Intellectual Discourses c9.s4.2

c9.s4.2

It is commonly believed that the authors of Dharmaśāstras have not made any provision of divorce in marriage.²¹ Dharmavir goes to the extent of alleging that the Sanskrit language does not have any word for divorce.²² The authors of Dharmaśāstras, *Arthaśāstra* and *Kāmasūtra* do discuss the issue of separation in marriage and the term *mokṣa* has been used by them for divorce between married persons. Both man and woman are allowed to seek *mokṣa* in marriage. R.C. Majumdar rightly understands Kauṭilya when he says that “Kauṭilya permitted divorce to both husband and wife on the ground of mutual enmity”.²³ Manu even recommends that a man may seek *mokṣa* from a woman who speaks harshly.²⁴ Kauṭilya would recommend *mokṣa* in marriage in exceptional circumstances only. Yājñavalkya, Kauṭilya and Vātsyāyana recommend re-marriage for the lady who has obtained *mokṣa* from her husband. Such a lady is called *punarbhūḥ* (remarried). Such a marriage was not solemnized by Vedic rights in all cases. But then Yājñavalkya specifically prescribed that the son of a *punarbhūḥ* lady will be entitled for the property of his father. Nārada enumerates seven kinds of women who are allowed to remarry — three types of *punarbhūs* and four types of *svairiṇīs* (wanton women). The first type of *punarbhū* is a virgin, who was married but is *akṣatayoni*, i.e. never had a “penetration” with the first husband. She should be married with *saṁskāra* (Vedic rites). Second one leaves her husband for another man, but returns back to the first husband. The third one is remarried with a *savarṇa* and *sapiṇḍa* in the absence of a *devara* (husband’s brother). The four *svairiṇīs* are: