Ancient Indian Legal Systems

Divorce in Arthashastra: Ancient Legal Rights

Kautilya's Arthashastra allows for the dissolution of marriage (divorce) if a wife is deserted by her husband for a specific period.

Primary Reference: Standard Educational Reference

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Which one of the following texts of ancient India allows divorce to a wife deserted by her husband?

[UPSC CSE Pre. 1996]

Detailed Solution & Historical Context

Concept


Contrary to the rigid prohibitions of later Dharmashastras, earlier political treatises recognized practical social needs like divorce (Moksha).

Authentic Source Evidence


Kautilya’s Arthashastra provides specific conditions under which a marriage could be dissolved, especially in cases of long-term desertion or mutual enmity.

Analytical Breakdown


  • Option D is Correct: The text uses the term 'Moksha' to describe the release from the marital tie under secular law.

  • Analytical Note: Unlike the Manusmriti (Manavadharmashastra) which generally considers marriage indissoluble, the Arthashastra focuses on social welfare and contractual realism.
  • Conceptual Deep Dive & Logic

    "How did the Arthashastra view the status of women in marriage?"

    It recognized women's right to property (Stridhana) and provided legal avenues for protection against abandonment.

    Examiner's Mindset & Pro-Tip

    "The Arthashastra represents a 'secular' legal strand in ancient India that prioritized pragmatism over religious dogma."

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