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Hindu Widows' Remarriage Act, 1856

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Remarriage is a marriage that takes place after a previous marital union has ended, as through divorce or widowhood . Some individuals are more likely to remarry than others; the likelihood can differ based on previous relationship status (e.g. divorced vs. widowed), level of interest in establishing a new romantic relationship, gender, culture, and age among other factors. Those who choose not to remarry may prefer alternative arrangements like cohabitation or living apart together . Remarriage also provides mental and physical health benefits. However, although remarried individuals tend to have better health than individuals who do not repartner, they still generally have worse health than individuals who have remained continuously married. Remarriage is addressed differently in various religions and denominations of those religions. Someone who repeatedly remarries is referred to as a serial wedder .

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58-611: The Hindu Widows' Remarriage Act 1856 , also Act XV, 1856 , passed on 16 July 1856, legalised the remarriage of widows in all jurisdictions of India under East India Company rule . The law was enacted on 26 July 1856. It was drafted by Lord Dalhousie and passed by Lord Canning before the Indian Rebellion of 1857 . It was the first major social reform legislation after the abolition of sati pratha in 1829 by Lord William Bentinck . To protect what it considered family honour and family property, Hindu society had long disallowed

116-652: A Brahmin and a Sanskrit scholar was the most prominent campaigner of widow remarriage. He petitioned the Legislative council, but there was a counter petition against the proposal with nearly four times more signatures by Radhakanta Deb and the Dharma Sabha . Even though Vidyasagar faced huge opposition from Hindu orthodox groups, he put use of his prodigious knowledge of Sanskrit to make an exhaustive search of authentic Hindu scriptures on law (i.e. Dharma sastras) to find support for his cause of widow remarriage. He stumbled upon

174-406: A block or climbing stairs). However, it is also important to consider that it is difficult to determine causality; it is possible that a person’s health determines their likelihood of marrying and experiencing a disruption. In fact, it is possible that there are effects in both directions. Legal separation Legal separation (sometimes judicial separation , separate maintenance , divorce

232-444: A divorce 75% have remarried. People may be eager to remarry because they do not see themselves as responsible for the previous marriage ending. Generally, they are more likely to believe their partner's behaviors caused the divorce, and minimize the influence of their own actions. Therefore, they remain optimistic that a new partnership will lead to better results. According to data analyzed by USA Today in 2013, remarriage rates in

290-586: A divorce instead of remarrying. This pattern of cohabiting after a divorce is more likely for white than black women, for women without religious affiliation, with few or no children, and who live in more economically stable communities. On the whole, remarriages are associated with greater socioeconomic security and life satisfaction compared to remaining divorced or separated. People who remarry tend to have better adjustment to their divorce, reporting more positive evaluations of their lives compared to divorced individuals who remain single. While divorced couples have

348-560: A few verses in Parasara Smriti written by sage Parashara , which supported widow remarriage. Author Subal Chandra Mitra, writer of biography of Vidyasagar in 1902, mentions that moment of Vidyasagar's response: "After infinite toil and pains, one night, he suddenly bounced up in ecstasy and cried out loudly: — 'I have, at last, found it.'." [sic] The verse is Naṣṭe mṛte praprajite klibeca patite patau Pañcasvāpatsu nārīṅāṃ patiranyo vidhīyate (Parāśara smṛti 4-30) "1. On loss of

406-592: A greater rate of dissolution than those without. As of the 2006 census, 32% of the U.S. population over age 65 was widowed . Most people successfully adjust after losing a partner; research on bereavement patterns finds the most frequent outcome is resilience . Even so, remarriage rates among older widowers are fairly low, and even lower among older widows. However, looking at rates of remarriage vastly underestimates interest in new romantic relationships. Men and women not only have different remarriage rates, but they also differ in their desire to repartner (to establish

464-402: A higher risk of developing a wide range of physical and mental health problems, remarrying may attenuate, but not eliminate, some of these health risks. Second Marriages: Triumph of decision over hope? It is often assumed that second marriages are riskier than first marriages - “The triumph of hope over experience” as popularised by Samuel Johnson in 1791. A new analysis of data commissioned from

522-439: A husband who went abroad, 2. on his death , 3. on his turning into a Sanyasi , 4. on his being an impotent, or 5. on his sinful degradation, — under any one of these five calamities, it is sanctioned for (those) women to take another husband. " Based on the above evidence, Vidyasagar made a convincing argument that sage Parashara suggested three choices for a widow, the first one to remarry , second one to remain celibate and

580-421: A legal separation as an alternative to a divorce , based on moral or religious objections to divorce. Legal separation does not automatically lead to divorce. The couple might reconcile , in which case they do not have to do anything in order to continue their marriage. A mensa et thoro is a legal Latin phrase which means "from table and bed", often translated as "from bed and board", in which "board"

638-471: A legal separation may only be had through a valid judicial decree. In addition, actions for legal separation shall not be tried "before six months have elapsed since the filing of the petition." During this six-month "cooling-off" period, the spouses are encouraged to find forgiveness. Under the Civil Code , there were only two grounds for legal separation: The grounds were later expanded under Article 55 of

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696-531: A legal separation which is filed with a court. Separate maintenance agreements are contracts between spouses and not approved by a court. They are similar to prenuptial agreements. Under the law of some states, a separation can occur by judicial decree, or by an acknowledged (" notarized ") agreement of the parties. In some states, there must be grounds or a cause of action to get a judicial decree of separation, such as "cruel and inhuman treatment ... abandonment ... neglect or refusal [to] support ... adultery by

754-451: A mensa et thoro , or divorce from bed-and-board ) is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order . In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting , as well as child support . Some couples obtain

812-618: A new relationship have explicitly decided to remain unpartnered. In contrast, men were more likely to report that they would not rule out the possibility but had not encountered a suitable relationship yet. Interviews indicate that widowers are more prepared than widows to take a chance on a new relationship. Among widows, social support appears to promote interest in new intimate partnerships. Widows with confidants are more interested in repartnering than those without close friends. However, for men this pattern may be reversed. While overall widowers are more interested in remarriage than widows, only

870-407: A new romantic relationship). A year and a half after the death of a spouse, 15% of widows and 37% of widowers ages 65 and older were interested in dating. Differences in desire to repartner may stem from the different benefits men and women receive in and outside of a marriage. The most frequent reasons older adults give for remaining without a partner after losing a spouse are gender-specific. While

928-416: A partner (through widowhood, divorce, or separation) and remain single. Remarriage seems to be especially beneficial for men, who have lower levels of depressive symptoms than remarried women. However, the health benefits of remarriage do not appear to be as strong as those for continuous marriage. Several studies have found that the mental and physical health benefits of remarriage do not fully balance out

986-430: A prerogative of the higher Class people among whom child marriage was practised and remarriage prohibited. Irrevocably, eternally married as a mere child, the death of the husband she had perhaps never known left the wife a widow, an inauspicious being whose sins in a previous life had deprived her of her husband, and her parents-in-law of their son, in this one. Doomed to a life of prayer, fasting, and drudgery, unwelcome at

1044-618: Is a form of intimate ongoing companionship that allows each partner to maintain autonomy and independent households. Health is influenced both by current marital status and marital transition history. Marriage confers mental and physical health advantages, but remarried individuals who have been widowed or divorced continue to be disadvantaged compared to continuously married individuals. Marriage has been shown to impart significant mental health benefits and remarriage seems to be protective as well. Overall, people who remarry have lower levels of depressive symptoms compared to others who have lost

1102-574: Is a greater constraint for older widows; there are far fewer partners available for older women than older men, given that women tend to live longer and men tend to prefer younger partners. As detailed in the previous section , older widowers also typically have greater desire to repartner than widows. Studies have identified many other factors that increase or decrease the likelihood of successfully repartnering following widowhood. Most of these factors fit within Davidson’s framework. For widows, younger age

1160-484: Is a word for "table". Separation a mensa et thoro is essentially a separation that is sanctioned by a court order , meaning that the spouses may legally live apart, but they are still legally married. The legitimacy of any future child born to the couple remains intact, and the spouses may not legally remarry. This type of separation allows the couple to live apart without concerns about being taken to court for " desertion ". (In some jurisdictions, provable "desertion"

1218-972: Is associated with greater probability of repartnering; younger women typically have more available potential partners. For widowers, new romance is predicted by greater income and education. In Davidson's model, feasibility of a relationship is affected by age, health, and financial resources; being younger, healthier, and having financial resources makes one a more attractive partner. Widowed older adults show high increases in loneliness, but expanding their social network or repartnering can attenuate this loneliness. Dating and remarriage following widowhood appear to be both fairly common and highly adaptive responses. Surviving spouses who remarry within about 1–5 years of being widowed have more positive outcomes (e.g. greater wellbeing , greater life satisfaction , and less depression ) than widows and widowers who have not remarried. Further research has shown this reduced depression in repartnered compared to single widows and widowers

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1276-400: Is due to the remarried individuals’ greater socioeconomic resources. For example, compared to widows who do not remarry, remarried widows tend to report higher household incomes and are less likely to report anxiety about financial matters. In Christianity , widows and widowers are free to remarry with a Christian person, as taught in 1 Corinthians 7:39 , which states "The wife is bound by

1334-495: Is in accordance with established custom, is not in accordance with a true interpretation of the precepts of their religion, and desire that the civil law administered by the Courts of Justice shall no longer prevent those Hindus who may he so minded from adopting a different custom, in accordance with the dictates of their own conscience, and Where it is just to relieve all such Hindus from this legal incapacity of which they complain, and

1392-416: Is legal grounds for a divorce.) There are several reasons why a couple might seek a mensa et thoro separation. In some legal jurisdictions, including certain countries, it can be difficult to get a full and final divorce, but if the spouses are already separated a mensa et thoro for an extended period of time (for example, three years), the court may decide to grant a full and final divorce. When

1450-778: Is likely because depression symptoms in married men are so low. The physical health benefits of marriage are well documented, but marital disruptions have been shown to negatively affect health. Remarriage can attenuate but not completely eliminate the negative health effects of a marital disruption. Among currently married persons, those who have previously been divorced or widowed have worse health than those who have been continuously married. Research has not found any difference in physical health between persons with only one compared to multiple marital disruptions. The lingering negative health effects of marital disruption include increased risk for chronic conditions (e.g. diabetes and heart disease) and mobility limitations (e.g. difficulty walking

1508-408: Is not always the goal or ideal arrangement for divorced and widowed adults. Especially among older adults, there is a growing acceptance and interest in alternative romantic commitments like cohabitation or Living Apart Together (LAT). While for younger adults cohabitation is typically a precursor to marriage, older adults have additional reasons why they may not want to remarry and cohabiting may be

1566-514: The Office for National Statistics (ONS) challenges this assumption. In fact, second marriages overall do consistently better than first marriages. Where one or both spouses are marrying for the second time, couples marrying today face an estimated 31% risk of divorce during their lifetime, compared to an estimated 45% risk of divorce amongst couples where both spouses are marrying for the first time. However, second marriages do not always fare any better than

1624-488: The United States have dropped by 40 percent over the last 20 years. Numerous religions and sects forbid, or formerly forbade, remarriage after divorce. Some still do, although in many countries the percentage of the populace that adhere to them has been shrinking for more than half a century. Outdated terms for second marriage that date to the earlier era of more widespread censure include deuterogamy and digamy , but

1682-532: The bill despite the opposition and it being considered a flagrant breach of customs as prevalent then. Thus, Ishwar Chandra Vidyasagar changed the fate of Hindu widows across India, which was essential in reforming Hinduism that was submerged in social evils during 19th century. The preamble and sections 1, 2, and 5 of the Law: Whereas it is known that, by the law as administered in the Civil Courts established in

1740-478: The celebrations and auspicious occasions that are so much a part of many communities of any religion family and community life, her lot was scarcely to be envied. On the other hand, particularly Sudra caste and dalits —who represented approximately 80 percent of the Hindu population—neither practised child marriage nor prohibited the remarriage of widows." — Lucy Carroll (1983) Lord Dalhousie personally finalised

1798-575: The common myth is "women grieve, men replace," research does not support this pattern. Rather, widows are more likely to report that they are reluctant to give up newfound freedom and independence. Many widows perceive a sense of liberation no longer having to take care of another person, and value this more than additional companionship. Widowers, on the other hand, tend to report that they have not repartnered because they are concerned about being undesirable partners due to older age and ill health. Some studies have found that women who are not interested in

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1856-582: The couple is not officially divorced but they no longer live together or share assets). Couples typically end their marriage because they are unhappy during the partnership; however, while these couples give up hope for their partner, this does not mean they give up on the institution of marriage. The majority of people who have divorced (close to 80%) go on to marry again. On average, they remarry just under 4 years after divorcing; younger adults tend to remarry more quickly than older adults. For women, just over half remarry in less than 5 years, and by 10 years after

1914-456: The courts for. As such, a mensa et thoro separation does not exist in most provinces of Canada, but the term "legal separation" has gained widespread use to describe a contract that is created between two spouses at the time of their separation. This contract is more properly referred to as a separation agreement, a legally binding written agreement voluntarily signed by two spouses (either married or common law) who have separated. However,

1972-456: The defendant, [or] confinement of the defendant in prison ...." Reconciliation is allowed. So, therefore, separation is revocable; state laws may require "the joint application of the parties, accompanied with satisfactory evidence of their reconciliation ... by the court which rendered it, subject to such regulations and restrictions as the court thinks fit to impose." In the Philippines,

2030-531: The first. Again the rates of divorce and separation vary based on demographic and social factors. Second marriage disruptions are more likely for Black women and for women in communities that are less economically well off. Conversely, rates of divorce decline as age at the time of second marriage increases. Also, women who enter their second marriage with no children are generally more likely to sustain their marriages. There are several reasons why second marriages can be more vulnerable to disruption. Partners bring

2088-409: The gender differences in desire to repartner are most well documented, younger age and greater unhappiness also predict increased interest in remarriage. Men are more likely to repartner after losing their spouse; more than 60% of men but less than 20% of women are involved in a new romance or remarried within about two years of being widowed. Interest in repartnering is only one factor in determining

2146-428: The grounds of adultery, cruelty, or "unnatural practices" (a concept never defined by the legislature or the courts). Post-1989 judicial separation is possible on one of six grounds, proven on the balance of probabilities : Of the six grounds, the latter forms the basis of the vast majority of judicial separation decrees. A "normal marital relationship" is not defined. The court must only be satisfied that there has been

2204-402: The ideal partnership. For some, remarriage inspires feelings of disloyalty, and adult children can discourage remarriage based on concerns about inheritance. Many older women are interested in companionship but may want to avoid long-term obligations and are hesitant to give up their new independence. However, an arrangement called Living Apart Together (LAT) offers an appealing alternative; it

2262-437: The kingdom of God". The Shepherd of Hermas , an early Christian work on the subject, teaches that while fornication is the only reason that divorce can ever be permitted, remarriage with another person is forbidden to allow repentance and reconciliation of the husband and wife (those who refuse to forgive and receive their spouse are guilty of a grave sin ). Most Christian Churches strongly discourage divorce though

2320-606: The last one to perform Sahagamana . While the second choice was extremely tough in Kali yuga , final one got already banned by British and therefore only prevailing option is the first choice as suggested by Parashara, i.e. to remarry. "Second marriages, after the death of the husband first espoused, are wholly unknown to the Law; though in practice, among some communities, nothing is so common." — William Hay Macnaghten (1862) "The problem of widows—and especially of child widows—was largely

2378-635: The law as long as her husband liveth; but if her husband be dead, she is at liberty to be married to whom she will; only in the Lord." Regarding divorce and remarriage in Christianity, the Gospel of Mark records Jesus' teaching "Whosoever shall put away his wife, and marry another, committeth adultery against her. And if a woman shall put away her husband, and be married to another, she committeth adultery." 1 Corinthians 6:9–10 states that adulterers "shall not inherit

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2436-461: The likelihood that a widow or widower will establish a new romantic relationship. Davidson (2002) describes a framework which proposes three primary intervening conditions affecting likelihood of repartnering following widowhood: availability of partners, the feasibility of a relationship, and desirability of companionship. There are frequent gender differences in availability, desirability, and feasibility of new relationships. Availability of partners

2494-461: The loss of an "essential ingredient of the marriage". In the United States of America , a legal separation may address the division of assets, division of debts, child custody, child support, and alimony. A separate maintenance agreement is not a legal separation and therefore child support and custody are typically not allowed to be addressed. A separate maintenance agreement is often confused with

2552-408: The marriage in existence while the two spouses are physically separated. This physical separation may give the two of them a chance to work out the problems in their relationship while residing in legally sanctioned separate dwellings. Spouses may also request an a mensa et thoro separation to protect themselves from accusations of desertion or abandonment—such as in cases where one must depart from

2610-485: The men with low or average levels of support from friends are any more likely than women to report desire to remarry in the future. When widowers have high levels of social support from friends, they have equivalent levels of interest as widows. This suggests that men may be more motivated to repartner if they do not have as much social support as they would like. Women on the other hand tend to have more diverse sources of social support within their social networks. Although

2668-527: The mental health benefit of marriage for women is primarily driven by the fact that married women tend to be physically healthier than cohabiting and unpartnered women. There may be a selection effect whereby healthy women are more likely to remarry, and subsequently, based on their greater physical health, experience less depression. On the other hand, even when controlling for economic resources, social support, and health, married men experience fewer depressive symptoms compared to cohabiting or unpartnered men. This

2726-535: The negative effects of a previous marital disruption. Compared to the strong advantage of being continuously married, the mental health benefits are progressively weaker the more previous marriages a person has had. Although men seem to benefit as much from remarriage as being continuously married, remarried women have weaker mental health benefits. The mental health differences between remarried women and unpartnered women appear to be due to differences in economic resources and social support. Findings also indicate that

2784-430: The other for an extended period of time. In most provinces of Canada, the terms "legal separation" or "judicial separation" are often used informally to describe a situation of separation where the couple has formalized certain agreements or entered into a contract. However, this situation is different from the specific legal status of legal/judicial separation that exists in some other jurisdictions and requires filing

2842-503: The province of Saskatchewan does allow a legal separation under provincial law, which is distinct from a divorce under federal law. A legal separation in Saskatchewan can be granted by the Court of King's Bench. In Ontario, a separation agreement is unenforceable unless it is made in writing, signed by the parties and witnessed. This written agreement usually resolves all issues arising from

2900-549: The remarriage of widows, even child and adolescent ones , all of whom were expected to live a life of austerity and abnegation. The Hindu Widows' Remarriage Act of 1856, provided legal safeguards against loss of certain forms of inheritance for remarrying a Hindu widow, though, under the Act, the widow forsook any inheritance due her from her deceased husband. Especially targeted in the act were child widows whose husbands had died before consummation of marriage. Ishwar Chandra Vidyasagar ,

2958-512: The removal of all legal obstacles to the marriage of Hindu widows will tend to the promotion of good morals and to the public welfare; It is enacted as follows: The widow remarriage act got repealed in 1983 and six years later Hindu Widows Remarriage and Property act, 1989 . Remarriage As of 1995, depending on individual and contextual factors, up to 50% of couples in the USA ended their first marriage in divorce or permanent separation (i.e.

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3016-428: The requirements of burden of proof for a divorce are difficult to meet, in most jurisdictions, an a mensa et thoro ruling assures the couple a slot in the court's schedule whenever they file for a full divorce, by showing that they were both serious about their separation. Sometimes, an a mensa et thoro separation is used when one partner is claimed to be emotionally, verbally, or physically abusive, keeping

3074-463: The same personal qualities to their subsequent marriage as they had during the first, but some of these qualities may have contributed to the first marriage’s problems. People who have divorced and remarried multiple times tend to be relatively impulsive and nonconformist. In second marriages, partners also often have to deal with additional complications that do not exist in first marriages, like combining families. Remarriages involving stepchildren have

3132-515: The separation, including custody and access, child support, spousal support and the division of property, except only a court can grant a divorce itself. Before the introduction of the Judicial Separation and Family Law Reform Act 1989 , the only means of judicial separation available in the Republic of Ireland was to seek a decree of divorce a mensa et thoro . This could only be obtained on

3190-428: The terms second marriage or remarriage are more readily understood. Many factors influence the likelihood of remarrying after a divorce. Based on the 2006 census, men remarry more often than women. Remarriage rates also differ by ethnicity; remarriage is most common among white women, while black women have the lowest probability of marrying again. Age is another determining factor; women who are older than 25 at

3248-552: The territories in the possession and under the Government of the East India Company, Hindu widows with certain exceptions are held to be, by reason of their having been once married, incapable of contracting a second valid marriage, and the offsprings of such widows by any second marriage are held to be illegitimate and incapable of inheriting property; and Whereas many Hindus believe that this imputed legal incapacity, although it

3306-577: The time of divorce are less likely to remarry than women who are younger at the time of marital dissolution. Having children is associated with higher rates of remarriage for men and women. Remarriage also differs by community setting. Women from urban areas or areas with a greater proportion of women who never married are less likely to marry again. Some environmental factors do not affect all ethnicities: only non-white women from communities with high unemployment and poverty have reduced likelihood of remarriage. Some women enter cohabiting relationships after

3364-671: The way divorce and remarriage is addressed varies by denomination; for example, the Reformed Church in America permits divorce and remarriage, while connexions such as the Evangelical Methodist Church Conference forbid divorce except in the case of fornication and do not allow for remarriage of divorced persons in any circumstance. In Islam , the remarriage of widows and widowers is permitted, with Muhammad —the founder of Islam —marrying nine widows. Remarriage

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