When a woman dies, then whatever effects she acquired during the Agamini Shadee, even though she hath a son living, shall go first to her unmarried daughter; if there is but one unmarried daughter she shall obtain the whole; if there are several unmarried daughters, they all shall have equal share.
Property under the three forms of marriage, if no unmarried daughters and others mentioned here, goes to her mother before to her father; and if neither, to her husband, and if no husband to husband’s younger brother, or several younger brothers, (if several).
The specification of gifts of intention is remarkable in securing property to the wife that was seemingly given by the parents to the husband alone. An equally remarkable fact is the father’s heirship in preference to the husband’s, and the heirship of the daughters and mother in preference to any male relative however near, and is in striking contrast to Christian law in reference to woman’s property. If a husband neglect to provide his wife necessary food and clothing, the East Indian wife is allowed to procure them by any means in her power. Maine has not failed to recognize the superior authority of the eastern wife in relation to property over that of the Christian wife. He says:
“The settled property of a married woman incapable of alienation by her husband, is well known to the Hindoos under the name of Stridham.”
It is certainly a remarkable fact that the institution seems to have developed among the Hindoos at a period relatively much earlier than among the Romans. The Mitakshara, one of the oldest and most revered authorities of the Hindoo judicial treatises, defines Stridham, or woman’s property, as that which is given to the wife by the father, the mother, or a brother at the time of the wedding, before the nuptial fire.
But adds Maine:
The compiler of Mitakshara adds a proportion not found elsewhere; also property which she may have acquired by inheritance, purchase, partition, seizure or finding, is denominated woman’s property.... If all this be
Stridham, it follows that the ancient Hindoo law secured to married women an even greater degree of proprietary independence than that given to them by the modern English Married Woman’s Property Act.
Property is common to the husband and the wife. The ample support of those who are entitled to maintenance is rewarded with bliss in heaven; but hell is the portion of that man whose family is afflicted with pain by his neglect. Therefore the Hindoo husband is taught to maintain his family with the utmost care. Maxims from the sacred books show the regard in which the Hindoo woman is held: