Did ancient India have divorce and remarriage?

The idea that divorce and remarriage are modern Western concepts often overlooks the complex and varied marital practices of ancient civilizations, including ancient India. Contrary to popular belief, ancient Indian society was not uniformly rigid or conservative, especially when it came to personal relationships like marriage.

While marriage was indeed seen as a sacred and essential institution, especially in Vedic and later Hindu traditions, there is ample historical, scriptural, and literary evidence to show that divorce and remarriage were not entirely taboo. Their acceptability, however, depended on the time period, region, social class, gender, and religious community involved.

During the early Vedic period (1500–500 BCE), Indian society was more fluid than it became in later centuries. Women enjoyed relatively more freedom and were respected as equal partners in life. While formal legal codes had not yet crystallized, the concept of marriage as a partnership rather than a strict contract was evident.

Ancient texts mention various forms of marriage some based on mutual consent (like Gandharva marriage), others more ceremonial or arranged. There are also references to separation or dissolution of marriage, especially in cases where mutual consent or compatibility was lacking. Though not labeled “divorce” in the modern legal sense, breaking off a marital relationship was not unheard of.

With the composition of the Dharmaśāstras, such as the Manusmriti and Yājñavalkya Smriti, Indian society began codifying laws related to marriage, divorce, and family life. These texts did not encourage divorce, especially among the upper castes, but they did acknowledge scenarios where marriage could end.

For instance, if a husband abandoned his wife, became a monk, went missing for a prolonged period, or was impotent or abusive, some texts allowed the wife to remarry after a waiting period. The Dharmaśāstras recognized the right of women to remarry in certain circumstances, though this was more easily accepted for men.

Remarriage, especially widow remarriage, was treated differently across communities and time periods. Among the Shudras (lower castes) and tribal communities, widow remarriage was common and socially accepted. Even divorce was practiced among many such groups with minimal social stigma. Among the upper castes, however, widow remarriage gradually became taboo, especially by the Gupta period (4th–6th centuries CE), as Brahmanical orthodoxy gained dominance.

Still, there are counterexamples. In the Mahabharata, the character Madri, after the death of her husband Pandu, chooses sati (self-immolation), while Kunti, his other wife, continues to live and raise her children. In another example, Draupadi marries five husbands—an unusual practice, but one depicted without moral condemnation. Stories from Jain and Buddhist texts also depict women who remarry or leave their husbands in pursuit of spiritual goals or personal happiness.

Buddhism and Jainism, which arose around the 6th century BCE, brought a more individualistic and ethical perspective to personal relationships. While neither religion gave special importance to marriage, both allowed personal freedom in matters of association. Buddhist texts, especially the Jataka tales, mention women leaving unfaithful or cruel husbands. The Buddhist Sangha had both men and women who had previously been married and chose the monastic path after separation.

In Jainism, celibacy was ideal for ascetics, but in lay life, marriage and even remarriage were recognized. Jain law texts also reference mutual consent in marriage and allow for the dissolution of unions under certain circumstances.

India’s cultural diversity meant that marriage customs varied widely by region and community. In many tribal societies, divorce was common and easy to obtain, and remarriage posed no religious or social difficulty. Women often had more autonomy in choosing partners, and marriages could be ended informally. Among Dravidian communities in the South and indigenous groups in the Northeast and Central India, customary laws allowed both men and women to remarry, especially when the marriage was not successful or when one partner died or left.

By the 19th century, under British colonial rule, Indian marriage customs became subject to legal regulation. Colonial laws, heavily influenced by conservative interpretations of Hindu scriptures, reinforced the taboo against widow remarriage and divorce, especially for upper-caste Hindu women. However, social reformers like Ishwar Chandra Vidyasagar and Raja Ram Mohan Roy fought to restore earlier traditions of widow remarriage and women’s rights. The Hindu Widow Remarriage Act of 1856 was a landmark step in this direction, though it faced strong opposition from orthodox groups.

The belief that ancient India had no concept of divorce or remarriage is a simplification of a deeply layered and diverse history. While mainstream Brahmanical tradition gradually moved toward rigidity, other communities, scriptures, and regions maintained more flexible practices. Ancient Indian society, at different times and in different places, allowed for the dissolution of unhappy marriages and remarriage, especially for women under certain conditions. Rather than a monolithic narrative, the truth reflects a pluralistic and evolving society, where personal freedom, community norms, and spiritual ideals often coexisted—and sometimes clashed.