434 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
years. Then if he is desirious to have sons, he may marry another. In case of violating this rule, he shll be made to pay her not only Sulks, her property (Stridhana) and an adequate monetary compensation (adhivedanika martham), but also a fine of 24 panas to the Government. Having given the necessary amount of Sulka and property (Stridhana) even to those women who have not received such things on the occasion of their marriage with him, and also having given his wives the proportionate compensation and an adequate subsistence (vrutti), he may marry any number of women; for women are created for the sake of sons.”
Unlike Manu in Kautilya’s time women could claim divorce on the ground of mutual enmity and hatred.
“A woman, hating her husband, cannot dissolve her marriage with him against his will. Nor can a man dissolve his marriage with his wife against her will. But from mutual enmity, divorce may be obtained (parasparam dveshanmokshah). If a man, apprehending danger from his wife, desires divorce (mokshamichchhet), he shall return to her whatever she was given (on the occasion of her marriage). If a woman, under the apprehension of danger from her husband, desires divorce, she shall forfeit her claim to her property.”
A wife can abandon her husband if he is a bad character.
“A woman who has a right to claim maintenance for an unlimited period of time shall be given as much food and clothing (grasacchadana) as necessary for her, or more than is neessary in proportion to the income of the maintainer (yathapurushapari-vapam va). If the period (for which such things are to be given to her with one-tenth of the amount in addition) is limited, then a certain amount of money, fixed in proportion to the income of the maintainer, shall be given to her; so also if she has not been given her Sulka, property, and compensation (due to her for allowing her husband to re-marry). If she places herself under the protection of any one belonging to her fatherin-law’s family (Svasurakula), or if she begins to live independently, then her husband shall not be sued (for her maintenance). Thus the determination of maintenance is dealt with.”
In the days of Kautilya there was no ban on woman or a widow remarrying:
“On the death of her husband a woman, desirous to lead a pious life, shall at once receive not only her endowment and jewellery (sthapyabharanam), but also the balance of Sulka due to her. If after obtaining these two things she re-married another, she shall be caused to pay them back together with interest (on their value). If