Page:Castes and tribes of southern India, Volume 5.djvu/374

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NAYAR
338

therein laid down, it shall have the incidence of a legal marriage; that is to say, the wife and children shall be entitled to maintenance by the husband or father, respectively, and to succeed to half his self-acquired property, if he dies intestate; while the parties to such a sambandham cannot register a second sambandham during its continuance, that is, until it is terminated by death or by a formal application for divorce in the Civil Courts. The total number of sambandhams registered under the Act has, however, been infinitesimal, and the reason for this is, admittedly, the reluctance of the men to fetter their liberty to terminate sambandham at will by such restrictions as the necessity for formal divorce, or to undertake the burdensome responsibility of a legal obligation to maintain their wife and offspring. If, as the evidence recorded by the Malabar Marriage Commission tended to show, 'a marriage law in North Malabar, and throughout the greater part of South Malabar, would merely legalise what is the prevailing custom,' it is hard to see why there has been such a disinclination to lend to that custom the dignity of legal sanction." *[1] The following applications to register sambandhams under the Act were received from 1897 to 1904:—

———— Nayars. Tiyans. Others. Total.
1897 28 6 2 36
1898 8 2 4 14
1899 8 2 4 14
1900 8 -- 9 17
1901 3 -- 1 4
1902 -- -- -- --
1903 2 -- -- 2
Total 57 10 20 87
  1. * Gazetteer of Malabar.