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278
THE INDIAN ANTIQUARY.
(SEPTEMBER, 1907.
brotherhood and making them witnessca, as it were, is very essential. The object of the distribution of red thread and sweetmeat at the time of the confirmation of the marriage contract is only to make witnesses of those persons who get the red thread and the sweetmeat.
61. Neither the bride nor the bridegroom is allowed to make a choice of the other. They cannot even see each other before their marriage. However, among the Sudras, liko Kanaits, etc., there is no such restriction, and they can make a choice before marriage.
62. (a) If the bridegroom be of a caste higher than that of the bride's parents, then they pay to him bhatta (money to make up the deficiency of the caste), and the sum of this money is determined by the parties. Also money must be paid in cases when an inferior man wants to marry his daughter to a superior man, e.g., if a Râna wants to marry his daughter to the son of the Raja.
(6) The bridegroom buys the bride in the way indicated above; but it has now become a custom that, if the girl's father be a poor man, he sells his daughter. Generally this custom prevails among the Kanaits, but now it is gaining ground among the Rajputs and Brahmans also.
63. There are no rules to fix this price. If the bridegroom likes to take bhattd, it will be fixed according to the capacity of the bride's parents. If the parents of the girls want to pay the bhattií, it will be in proportion to the rank of the bridegroom's parents. Among the Kanaits, Kolis and shepherds, the girls of Kanaits are valued at Rs. 60, and those of Kolis or shepherds at Rs. 40. This price is termed dhori.
64. The price of neitter sort can be appropriated by the bride or the bridegroom, but their parents spend this money in marriage expenses,
65. If a formal marriage is once performed it cannot be cancelled. However, Among the Muhammadans, marriages can be set asido.
88. The marriage cannot be set aside if either party lose any organ. But customary marriages can be cancelled at the option of the parties. Muhammadans can cancel their marriages.
67. No women can be set at liberty to re-marry only on account of any of her omissions or commissions. The inan does not cohabit with his regularly married wife if she proves to be of loose character, but has to maintain her throughout her life. She can either remain in her husband's house or go to ber parents. The Muhammadans divorce a woman of bad character.
88. The system of divorce does not prevail among the Hindus, Muhammalang can divorce their wives on certain conditions, such as impotency of the husband or suspicious character of the wife.
89. The Muhammadans use the talaka-i-bajn (irreversible divorce). The husband can divorce the wife without any fault on her pert. This divorce becomes valid, when it is proved that the parties qnarrelled at least thrice. It is necessary that the divorce be repeated after every month. The husband has the power, either directly, or indirectly, to revoke the divorce. Jf talk-i-bdin be pronoannced thrice, the parties so separated cannot re-marry without the woman going through the formality of marrying suother man and being divorced from him. But if the divorce be pronounced only once or twice, this condition is not necessary for re-marriage. If the husband at the time of his death divorces his wife and dies before the expiration of his iddat (period of probation of 4 months and 10 days, to see if the woman is enceinte), the wife is entitled to her husband's inheritance. It is natural for a woman to wait so long before her second marriage. Also, if the husband abstains froru sexual intercourse for 4 months with the wife, this fact is also considered as an irrevocable divorce.
70. There are two kinds of marriages among the Hindus - the legal and the illegal. A formally married wife cannot he divorced, nor can she re-marry. The customary wife is free. She can leave one husband and marry another. It is a popular saying that the women of the bills never become widows-i.e., if one hasband dies they marry another. Among Muhammadans, all women re-marry.
XXI.- Inheritance. 71. In the hills the right of children is considered per stirpos and not per capita. The rights of children born of a formal marriage are superior to those of the children born of a customary marriage. The children whose father and mother are of different castes are called sartori
