[78] Dalton, _Descriptive Ethnology of Bengal_, p. 57.
Very striking are the conditions attaching to divorce. Again we find the right of separation granted equally to both sexes, a significant indication of the high position of women. Marriage being regarded as an agreement between wife and husband, the tie may be broken without any question of disgrace. But although divorce is frequent and easy, and can be claimed for a variety of reasons, all who have dwelt among the Khasis testify to the durable and happy marriages among them. Only when they find it impossible to live amicably together do a couple agree to separate. In this event the children always remain with the mother. For their mothers the children cherish a very strong affection, for all their sympathies and affection bind them to her and her family.
The conditions of divorce vary in the separate tribes. Among the Khasis both parties must agree to the dissolution of the tie. With the Synteng and War tribes such mutual consent is not necessary, but the partner who claims release from the other, without his or her consent, must pay compensation. A woman cannot be divorced during pregnancy. The form of divorce is simple; among the Khasis it consists of the exchange of five cowries. This is done in the presence of witnesses, and the ceremony must take place in the open air. Then a crier goes around the village to proclaim the divorce, using the following words--
"_Kaw_--hear, oh villagers! that--U and K have been separated in the presence of the elders. _Hei!_ thou, oh young men, canst go and make love to K--for she is now unmarried, and thou, oh maidens, canst make love to U--_Hei!_ there is no let or hindrance from henceforth."
And here I would pause, although it leads me a little aside, to make a point that to me seems to be of special importance. Obviously this simple divorce by mutual consent was made easy in its working by the maternal system. The great drawback to the dissolution of the marriage tie in the patriarchal family is the effect it has on the lives of the children; but in the maternal family such evil does not exist, for the children always live with the mother and take her name. By saying this, I do not wish to imply that I am necessarily recommending such a system, but that it had its advantages for the mother and her children, I think, cannot be denied. Its failure arises, as is evident, from the alien position of the father in relation to his children.