1098 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Sardar B. S. Man : My difficulty is, reading his last speech. I find that Dr. Ambedkar has said that Kareva marriages will not be permitted.
Then there is clause 8 about other rituals. I may give yet another case where there is neither this Kareva marriage nor a sacramental one, but which is still in practice.
Mr. Deputy Speaker : Whatever may be the form of the marriage— may be the covering by a cloth and all that, that is not prevented here.
Sardar B. S. Man : If you will kindly permit me. Sir, I will make my point clear. In this form of marriage, they do not go through any ritual, nor even the flimsy ceremony of putting a chadar. If the man and woman have lived long enough in the village as to lead the village community to believe that they are husband and wife, irrespective of the fact that there was no ceremony, they should be taken as married husband and wife. There have been judicial decisions to this effect.
Mr. Deputy Speaker : Even for that there is a presumption under the Evidence Act.
Sardar B. S. Man : No, Sir. I beg to differ from you. Sir, on that legal point. They will not recognise it, if such a marriage does not come either under the definition of sacramental marriage or any other rites and rituals. The emphasis there is upon customary rites. One must have certain rites.
Mr. Deputy Speaker : How long should they live together?
Sardar B. S. Man : There is a decided case. Again, Dr. Tek Chand says :
“ Indeed, the Rivaj-e-ams of the districts and the records of the cases decided judicially are full of instances in which mere cohabitation as man and wife for a long period without any strict matrimonial ceremony, has been considered sufficient to validate the marriage.”
That is the state of the law in the Punjab. As regards these marriages where the man and woman have lived together for a long time…….
Mr. Deputy Speaker: What is the length of the time ?
Sardar B. S. Man : In cases it was decided as seven years, in certain others as 20 and there are cases where it was decided as four or five years also. The validity of the marriage is judged by their dayto-day conduct in village community and not by certain ceremonies. But this form of marriage is not recognised by Dr. Ambedkar. He says “ I will not permit this sort of immorality ”. He calls it “ marriages