ABSTRACT

This conclusion presents some closing thoughts on key concepts discussed in the preceding chapters of this book. The book discusses that the Hindu divorce and remarriage practices are embedded in the dichotomy of their existence, notwithstanding their denial. The dilemma between orthodox and modernist instances lurks in South Asian legal scholarship, which is aware of the existence and frequency of customary practices of divorce and remarriage, but still has to deal with contextual challenges of its legal recognition, especially in relation to maintenance and inheritance rights. The socio-legal scholarship that confirms the mainstream discourse of Brahmanic culture in the Dumontian theory of the secondary marriages simply reiterates the supremacy of the sacramental marriage or primary marriage. Transnational cases have shown that Hindu divorce is in some cases successfully recognized by immigration authorities, and that its denial seems linked to policies that discourage the entry of unwanted migration in the name of cultural difference.