Customary laws of divorce of the Zeliangrong of North East

Budha Kamei *

Sangai Festival 2014 :: Cultural performance by artistes from Tamenglong District at BOAT on November 24 2014 :: Pix - Deepak Oinam / Bond Armando

Nousonmei, marriage, is the union of a boy and a girl to form a family. In Zeliagrong society, marriage is considered not a simple social contract, but a religious sacrament. A marriage relation between a man and a woman cannot be disunited because it contains rites and rituals performed in the name of Tingkao Ragwang. On the day of marriage, a ceremony called Mhairakmei is performed in which a cock, a Laogai (a small iron spade, a symbol of sanctity) and a Guh (a piece of ginger) are offered to Tingkao Ragwang for long life, prosperity, and a long line of generation of the young couple. It is carried out by a priest/ (an elder of Pei who officiates as priest) with the recitation of the marriage hymn called Mhairakshoi.

In the ceremony, the groom and bride are made to sit on a big bed (Langdai) placing their right legs on the Laogai, which is on a plantain leaf. At the end of the recitation, the priest holds up the cock high, strangles its neck and observes the legs when it dies in search of good sign. Holy wine is offered to Tingkao Ragwang, Bambu, village deity, Kairao, ancestors of the groom and to the evil spirits for wellbeing and prosperity of the couple in the days to come. It is a compulsory ceremony; without this, the relationship is considered invalid. After this performance, they are recognized as husband and wife. Hence, marriage in Zeliangrong society is a religious sacrament.

Divorce means the complete division of a marriage tie and that permits remarriage. In the view of William j. Goode, divorce may be seen as a personal misfortune for one or both spouses in any society, but it must also be viewed as a social invention, one type of escape valve for the inevitable tensions of marriage itself. In every society, divorce takes place although the prevailing rules or social norms discourage it. The present article attempts to look into the customary laws of divorce of the Zeliangrong and other indigenous peoples of North East.

In Zeliangrong society, divorce (Noumumei) is permitted by custom, but it is very rare. Bareness, adultery on the part of the woman and maltreatment toward the woman, biological defects like impotency on the husband are assumed main causes which may lead to the division of the mates. The procedure of divorce is that, the Pei, village council is convened and it is done on the initiation of the man or woman who wants to get divorce by giving a Jar of wine to the Peikai, house of Pei. The elders of Pei will try to reconcile them.

At last, there is no hope of reconciliation between the two; the initiator will get divorce from his or her partner. If the husband introduces a divorce, he has to pay a buffalo (Mhasi/Jaosi Goi), a big brass vessel (Napkok), and a hoe (laogai) to the wife as compensation, and it is sought by the wife, she has to return the bride-price (Nouman) to the husband. The woman along with the buffalo, a laogai and a brass vessel will be sent to her parental house escorted by the Changlois of Pei (messengers of Pei).

If the divorce comes as a result of adultery committed by the wife, she has to give one mithun (Goichng) or at least a pig (Guak Akhat) to the husband's relative apart from the bride price and either belongings of the husband. "Persons who may have no wish to seek sexual satisfaction outside marriage have been forced to commit or to appear to commit at least one act of adultery in order that the marriage may be dissolved."

However, such act may not be found in simple societies. After divorce, children are supposed to remain with the father. The young and nursing one can stay with the mother until the child can eat solid food. After three years, when the father retakes the child, he is required to pay a buffalo to the former wife, which is supposed to compensate for the cost of bringing up the child. This is locally called Nagongjang.

The village council plays very important role in bringing two people together for life, and it also has the role in giving to their separation. In Zeliangrong society, a divorced wife and husband are permitted to remarry only after a purification ritual called Charungchuk. This ritual is performed at the residence of the husband in which an elder or priest purifies the couple offering a black colour fowl or dog to God with relevant hymn. The omen is read by observing the legs (fowl) or spleen (dog) of the victim. They are further consecrated by contacting a slice of the mixture of Chukgah, a kind of turmeric, leaves of Kah plant, Ngeinem, a kind of thatching grass, Shampripra, a kind of grass and blood of the victim.

Among the Tangkhuls, divorce (Kapang) cases are normally sorted out in the village council (Hangva). A fine is inflicted if the charges are not proved. If a woman does seek divorce on flimsy charges, which are not proved in the village council, she has to return double the bride price (Manho) paid to her parents, and she is also not permitted to carry anything with her from her husband's home. If a man divorces his wife for adultery or for being bareness, but for incompatibility of temperament, he is entitled to the repayment of marriage price (Manho).

The Maram Nagas give no compensation to the woman if she divorces (Nao) her husband, whereas if the husband does, he is required to give half of his movable and immovable property, except dwelling house to her.

In Anal society, if the divorce is sought by the husband without any fault of the wife, the dowry and also earned by her own labour are given to the wife. No property is given if the wife is condemned for adultery. At divorce of a woman for committing adultery, an Ao Naga husband can take the ornaments and also claim a penalty of a head of cattle and repayment of the bride price from his wife's father or his heir and a fine from paramour. A woman is allowed to leave her husband against his wish, but without getting the ornaments. If she leaves him without a good reason, her husband notifies her parents. If she fails to return within the stipulated time, he could marry again. But, if the woman married, her husband could report her to the village council. If the case goes against her, the new husband must pay a fine.

Among the Kharams, divorce is permitted by custom on serious ground, but it can be initiated only by the husband. No woman can ever initiate because she belongs to her husband on her marriage and she is for him. Even if she has grievances against her husband, she cannot divorce him. If a man desires to divorce his wife, the case is brought to the village court (Kataar). He has to pay a fine of a pig of 5 wais and a pitcher of rice-beer and forfeits the bride price he gave. If the woman is with a minor child, she has to maintain it for three years, and the former husband must give 20 baskets of paddy yearly for the child, besides buying the essentials clothes. The fine so paid is consumed by the members of the Kataar and the retired Taang Ulen.

In Meitei society, if a man or a woman wanted divorce (Khainaba), he or she approached Chowkidar of the village. With the help of village head (Hanjaba) and other elders, the Chowkidar tried to bring reconciliation. If a woman wanted Khainaba to marry another man, her second husband had to pay price of the woman (Nupimamal) of Rs. 50/- to the first husband. If the husband demanded divorce where the wife was not a fault, the wife could take all moveable property with her except his loin cloth. After a divorce, the wife's family could demand the return of her original dowry. According to rules, the wife should leave all her children behind except the suckling child.

Divorce is considered a social offence among the Lisu tribe of Arunachal Pradesh, and it is to be decided by the Chowu( a male person authorized by the Lisu to look after the problems relating to law and order of the society, to solve all problems faced by the Lisu). If the married girl does reject to live with her husband, then the entire amount of bride price is to be returned to the boy's father, in addition to one cow as fine for the breach of marriage code.

The girl brings one cup of Maja-Sapi, rice beer and drinks with her husband jointly in the presence of Chowu; then this cup is offered to husband, which denotes final separation. This is locally called Haleho. In the same way, the boy after giving a cow to the girl's father offers the drink cup to her, resulting into final divorce. The boy's father will lose the bride price. Chowu will get no fee for deciding the case, only grand feast from the party concern.

To conclude, as marriage is a sacrament, a married couple cannot be separated except death. Divorce occurs in the society, but it should not be encouraged.