Also having numbered the houses as taxpaying or non-taxpaying, he shall not only register the total number of the inhabitants of all the four castes in each village, but also keep an account of the exact number of cultivators, cow-herds, merchants, artizans, labourers, slaves, and biped and quadruped animals, fixing at the same time the amount of gold, free labour, toll, and fines that can be collected from it (each house).
He shall also keep an account of the number of young and old men that reside in each house, their history (charitra), occupation (djiva), income (ay a), and expenditure (vyaya).
Likewise Sthdnika, district officer, shall attend to the accounts of one quarter of the kingdom.
In those places which are under the jurisdiction of Gopa and Sthdnika, commissioners (prodeshtdrah) specially deputed by the Collector-general shall not only inspect the work done and the means employed by the village and district officers, but also collect the special religious tax known as bali (balipragraham kuryuh).
Spies under the disguise of householders (grihapatika, cultivators) who shall be deputed by the collector- general for espionage shall ascertain the validity of the accounts (of the village and district officers) regarding the fields, houses and families of Kautilya's Arthashastra each village— the area and output of produce regarding fields, right of ownership and remission of taxes with regard to houses, and the caste and profession regarding families.
They shall also ascertain the total number of men and beasts (janghdgra) as well as the amount of income and expenditure of each family.
They shall also find out the causes of emigration and immigration of persons of migratory habit, the arrival and departure of men and women of condemnable (anarthya) character, as well as the movements of (foreign) spies.
Likewise spies under the guise of merchants shall ascertain the quantity and price of the royal merchandise such as minerals, or products of gardens, forests, and fields or manufactured articles.
As regards foreign merchandise of superior or inferior quality arriving thither by land or by water, they shall ascertain the amount of toll, road-cess, conveyance-cess, military cess, ferry-fare, and one-sixth portion (paid or payable by the merchants), the charges incurred by them for their own subsistence, and for the accommodation of their merchandise in warehouse (panydgdra).
Similarly spies under the guise of ascetics shall, as ordered by the Collector-general, gather information as to the proceedings, honest or dishonest, of cultivators, cow-herds, merchants, and heads of Government departments.
In places where altars are situated or where four roads meet, in ancient ruins, in the vicinity of tanks, rivers, bathing places, in places of pilgrimage and hermitage, and in desert tracts, mountains, and thick grown forests, spies under the guise of old and notorious thieves with their student bands shall ascertain the Kautilya's Arthashastra causes of arrival and departure, and halt of thieves, enemies, and persons of undue bravery.
The Collector-general shall thus energetically attend to the affairs of the kingdom. Also his subordinates constituting his various establishments of espionage shall along with their colleagues and followers attend to their duties likewise.
[Thus ends Chapter XXXV, "The Duty of revenue collectors; spies under the guise of house-holders, merchants, and ascetics," in Book II, "The Duties of Government Superintendents" of the Arthasdstra of Kautilya. End of the fifty-sixth chapter from the beginning.]
CHAPTER XXXVI. THE DUTY OF A CITY SUPERINTENDENT.
LIKE the Collector-general, the Officer in charge of the Capital City (Ndgaraka) shall look to the affairs of the capital.
A Gopa shall keep the accounts of ten households, twenty households, or forty households. He shall not only know the caste, gotra, the name, and occupation of both men and women in those households, but also ascertain their income and expenditure.
Likewise, the officer known as Sthdnika shall attend to the accounts of the four quarters of the capital.
Managers of charitable institutions shall send information (to Gopa or Sthdnika) as to any heretics (Pdshanda) and travellers arriving to reside therein. They shall allow ascetics and men learned in the Vedas to reside in such places only when those Kautilya's Arthashastra persons are known to be of reliable character.
Artisans and other handicraftsmen may, on their own responsibility, allow others of their own profession to reside where they carry on their own work (i.e., in their own houses).
Similarly merchants may on their own responsibility allow other merchants to reside where they themselves carry on their mercantile work (i.e., their own houses or shops).
They (the merchants) shall make a report of those who sell any merchandise in forbidden place or time, as well as of those who are in possession of any merchandise other than their own.
Vintners, sellers of cooked flesh and cooked rice as well as prostitutes may allow any other person to reside with them only when that person is well-known to them.
They (vintners, etc.) shall make a report of spendthrifts and fool-hardy persons who engage themselves in risky undertakings.
Any physician who undertakes to treat in secret a patient suffering from ulcer or excess of unwholesome food or drink, as well as the master of the house (wherein such treatment is attempted) shall be innocent only when they (the physician and the master of the house) make a report of the same to either Gopa or Sthdnika; otherwise both of them shall be equally guilty with the sufferer.
Masters of houses shall make a report of strangers arriving at, or departing from their houses; otherwise they shall be guilty of the offence (theft, etc.) committed during that night. Even during safe nights (i.e., nights when no theft, etc., seems to have been committed), they shall be fined 3 panas (for not making such a report).
Kautilya's Arthashastra Wayfarers going along a high road or by a foot path shall catch hold of any person whom they find to be suffering from a wound or ulcer, or possessed of destructive instruments, or tired of carrying a heavy load, or timidly avoiding the presence of others, or indulging in too much sleep, or fatigued from a long journey, or who appears to be a stranger to the place in localities such as inside or outside the capital, temples of gods, places of pilgrimage, or burial grounds.
(Spies) shall also make a search for suspicious persons in the interior of deserted houses, in the workshops or houses of vintners and sellers of cooked rice and flesh, in gambling houses, and in the abode of heretics.
Kindling of fire shall be prohibited during the two middlemost parts of day-time divided into four equal parts during the summer. A fine of 1/8 th of apana shall be imposed for kindling fire at such a time.
Masters of houses may carry on cooking operations outside their houses.
(If a house-owner is not found to have ready with him) five water-pots (pancha ghatindm), a kumbha, a drona, a ladder, an axe, a winnowing basket, a hook (such as is used to drive an elephant), pincers, (kachagrdhini), and a leather bag (driti), he shall be fined 14th of a pana.
They shall also remove thatched roofs. Those who work by fire (blacksmiths) shall all together live in a single locality.
Each houseowner shall ever be present (at night) at the door of his own house.
Kautilya's Arthashastra Vessels filled with water shall be kept in thousands in a row without confusion not only in big streets and at places where four roads meet but also in front of the royal buildings (rajaprigraheshu).
Any house-owner who does not run to give his help in extinguishing the fire of whatever is burning shall be fined 12 panas; and a renter (avakrayi, i.e., one who has occupied a house for rent) not running to extinguish fire shall be fined 6 panas.
Whoever carelessly sets fire (to a house) shall be fined 54 panas; but he who intentionally sets fire (to a house) shall be thrown into fire.
Whoever throws dirt in the street shall be punished with a fine of l/8th of a pana; whoever causes mire or water to collect in the street shall be fined lAth of a pana; whoever commits the above offences in the king's road (rdjamdrga) shall be punished with double the above fines.
Whoever excretes faeces in places of pilgrimage, reservoirs of water, temples, and royal buildings shall be punished with fines rising from one pana and upwards in the order of the offences; but when such excretions are due to the use of medicine or to disease no punishment shall be imposed.
Whoever throws inside the city the carcass of animals such as a cat, dog, mangoose, and a snake shall be fined 3 panas; of animals such as an ass, a camel, a mule, and cattle shall be fined 6 panas; and human corpse shall be punished with a fine of 50 panas.
When a dead body is taken out of a city through a gate other than the usual or prescribed one or through a path other than the prescribed path, the first amercement shall be imposed; and those who guard the gates (through which the dead body is taken out) Kautilya's Arthashastra shall be fined 200 panas.
When a dead body is interred or cremated beyond the burial or cremation grounds, a fine of 12 panas shall be imposed.
The interval between six ndlikas (2 2/5 hours) after the fall of night and six ndlikas before the dawn shall be the period when a trumpet shall be sounded prohibiting the movement of the people.
The trumpet having been sounded, whoever moves in the vicinity of royal buildings during the first or the last ydma (3 hours ?) of the period shall be punished with a fine of one pana and a quarter; and during the middlemost ydmas, with double the above fine; and whoever moves outside (the royal buildings or the fort) shall be punished with four times the above fine.
Whoever is arrested in suspicious places or as the perpetrator of a criminal act shall be examined.
Whoever moves in the vicinity of royal buildings or ascends the defensive fortifications of the capital shall be punished with the middlemost amercement.
Those who go out at night in order to attend to the work of midwifery or medical treatment, or to carry off a dead body to the cremation or burial grounds, or those who go out with a lamp in hand at night, as well as those who go out to visit the officer in charge of the city, or to find out the cause of a trumpet sound (turyapreksha), or to extinguish the outbreak of fire or under the authority of a pass shall not be arrested.
During the nights of free movement (chdrardtrishu) those who move out under disguise, those who stir out though forbidden (pravarjitah), as well as those who move with clubs and other weapons in hand shall be punished in proportion to the gravity of Kautilya's Arthashastra their guilt.
Those watchmen who stop whomever they ought not to stop, or do not stop whomever they ought to stop shall be punished with twice the amount of fine levied for untimely movement.
When a watchman has carnal connection with a slave woman, he shall be punished with the first amercement; with a free woman middlemost amercement; with a woman arrested for untimely movement, the highest amercement; and a woman of high birth (kulastri), he shall be put to death.
When the officer in charge of the city (ndgaraka) does not make a report (to the king) of whatever nocturnal nuisance of animate or inanimate nature (chetandchetana) has occurred, or when he shows carelessness (in the discharge of his duty), he shall be punished in proportion to the gravity of his crime.
He shall make a daily inspection of reservoirs of water, of roads, of the hidden passage for going out of the city, of forts, fortwalls, and other defensive works. He shall also keep in his safe custody of whatever things he comes across as lost, forgotten or left behind by others.
On the days to which the birth star of the king is assigned, as well as on full moon days, such prisoners as are young, old, diseased, or helpless (andtha) shall be let out from the jail (bandhandgdra); or those who are of charitable disposition or who have made any agreement with the prisoners may liberate them by paying an adequate ransom.
Once in a day or once in five nights, jails may be emptied of prisoners in consideration of the work they have done, or of whipping inflicted upon them, or of an adequate ransom paid by Kautilya's Arthashastra them in gold.
Whenever a new country is conquered, when an heir apparent is installed on the throne, or when a prince is born to the king, prisoners are usually set free.
[Thus ends Chapter XXXVI, "The Duty of a City Superintendent" in Book II, "The Duties of government Superintendents," of the Arthasdstra of Kautilya. End of the fifty-seventh chapter from the beginning. With this ends the Second Book "The Duties of Government Superintendents" of the Arthasdstra of Kautilya.]
From: Kautilya. Arthashastra. Translated by R. Shamasastry. Bangalore: Government Press, 1915, 51-185.
Kautilya's Arthashastra Book III, "Concerning Law" CHAPTER I. DETERMINATION OF FORMS OF AGREEMENT; DETERMINATION OF LEGAL DISPUTES.
IN the cities of Sangrahana, Dronamukha, and Sthaniya, and at places where districts meet, three members acquainted with Sacred Law (dharmasthas) and three ministers of the king (amdtyas) shall carry on the administration of Justice.
(Valid and Invalid Transactions.)
They shall hold as void agreements (vyavahdra) entered into in seclusion, inside the houses, in the dead of night, in forests, in secret, or with fraud.
The proposer and the accessory shall be punished with the first amercement [A fine ranging from 48 to 96 panas is called first amercement; from 200 to 500 panas, the middlemost; and from 500 to 1,000 panas the highest amercement. See Chap. XVII, Book III]; the witnesses (srotri = voluntary hearers) shall each be punished with half of the above fine; and accepters shall suffer the loss they may have sustained.
But agreements entered into within the hearing of others, as well as those not otherwise condemnable shall be valid.
Those agreements which relate to the division of inheritance, sealed or unsealed deposits, or marriage; or those in which are concerned women who are either afflicted with disease or who do Kautilya's Arthashastra not stir out; as well as those entered into by persons who are not known to be of unsound mind shall be valid though they might be entered into inside houses.
Transactions relating to robbery, duel, marriage, or the execution of the king's order, as well as agreements entered into by persons who usually do their business during the first part of the night shall be valid though they might be done at night.
With regard to those persons who live most part of their life in forests, whether as merchants, cowherds, hermits, hunters, or spies, their agreements though entered into in forests shall be valid.
If fraudulent agreements, only such shall be valid as are entered into by spies.
Agreements entered into by members of any association among themselves shall be valid though entered into in private.
Such agreements (i.e., those entered into in seclusion, etc.) except as detailed above shall be void.
So also agreements entered into by dependent or unauthorised persons, such as a father's mother, a son, a father having a son, an outcast brother, the youngest brother of a family of undivided interests, a wife having her husband or son, a slave, a hired labourer, any person who is too young or too old to carry on business, a convict (abhisasta), a cripple, or an afflicted person, shall not be valid. But it would be otherwise if he were authorised.
Even agreements entered into by an authorised person shall be void if he was at the time (of making the agreements) under provocation, anxiety, or intoxication, or if he was a lunatic or a haunted person.
Kautilya's Arthashastra In all these cases, the proposer, his accessory, and witnesses shall each be punished as specified above.
But such agreements as are entered into in person by any one with others of his own community in suitable place and time are valid provided the circumstances, the nature, the description, and the qualities of the case are credible.
Such agreements with the exception of orders (Adesa=probab\y a bill of exchange) and hypothecations may be binding though entered into by a third person. Thus the determination of the forms of agreement.
(The Trial.)
The year, the season, the month, the fortnight (paksha), the date, the nature and place of the deed, the amount of the debt as well as the country, the residence, the caste, the gotra, the name and occupation of both the plaintiff and the defendant both of whom must be fit to sue and defend (kritasamarthdvasthayoh), having been registered first, the statements of the parties shall be taken down in such order as is required by the case. These statements shall then be thoroughly scrutinised.
(The offence of Parokta.)
Leaving out the question at issue, either of the parties takes resort to another; his previous statement is not consistent with his subsequent one; he insists on the necessity of considering the opinion of a third person, though it is not worthy of any such consideration; having commenced to answer the question at issue, he breaks off at once, even though he is ordered to continue; he introduces questions other than those specified by himself; he withdraws his own statement; he does not accept what his own Kautilya's Arthashastra witnesses have deposed to; and he holds secret conversation with his witnesses where he ought not to do so.
These constitute the offence of Parokta. (Punishment for Parokta.)
Fine for parokta is five times the amount (paroktadandah panchabandah).
Fine for self assertion (svayamvddi = asserting without evidence) is ten times the amount (dasabandha.)
(Payments for Witnesses.)
Fees for witnesses (purushabhritih) shall cover l/8th of the amount (astdnga). Provision proportional to the amount sued for may also be made for the expenses incurred by witnesses in their journey. The defeated party shall pay these two kinds of costs.
(Counter suits.)
(Counter suits.)
In cases other than duel, robbery, as well as disputes among merchants or trade-guilds, the defendant shall file no countercase against the plaintiff. Nor can there be a countercase for the defendant.
(Adjournments. ) The plaintiff shall ('rejoin') reply soon after the defendant has answered the questions at issue. Else he shall be guilty of parokta, for the plaintiff knows the determining factors of the case. But the defendant does not do so. The defendant may be allowed three or seven nights to prepare his defence. If he is not ready with his defence within that time, he shall be punished with a fine Kautilya's Arthashastra ranging from 3 to 12 panas. If he does not answer even after three fortnights, he shall be fined for parokta, and the plaintiff shall recover out of the defendant's property the amount of the case. But if the plaintiff sues for a mere return of gratitude (pratyupakarana), then no (decree shall be passed).
The same punishment shall be meted out to such of the defendants as fail in their defence.
If the plaintiff fails to prove his case, he shall (also) be guilty of parokta. If he fails to substantiate his case against a dead or diseased defendant, he shall pay a fine and perform the (funeral) ceremonies of the defendant, as determined by the witnesses. If he proves his case, he may be permitted to take possession of the property hypothecated to him.
But if he is not a Brahman, he may, on his failure to prove his case, be caused to perform such ceremonials as drive out demons (rakshoghna rakshitakam.)
* In virtue of his power to uphold the observance of the respective duties of the four castes and of the four divisions of religious life, and in virtue of his power to guard against the violation of the Dharmas, the king is the fountain of justice (dharmapravartaka.)
* Sacred law (Dharma), evidence (Vyavahdra), history (Charitra), and edicts of kings (Rdjasdsana) are the four legs of Law. Of these four in order, the later is superior to the one previously named.
* Dharma is eternal truth holding its sway over the world; Vyavahdra, evidence, is in witnesses; Charitra, history, is to be found in the tradition (sangraha), of the people; and the order of kings is what is called s as ana.
* As the duty of a king consists in protecting his subjects with justice, its observance leads him to heaven. He who does not Kautilya's Arthashastra protect his people or upsets the social order wields his royal sceptre (danda) in vain.
* It is power and power (danda) alone which, only when exercised by the king with impartiality and in proportion to guilt either over his son or his enemy, maintains both this world and the next.
* The king who administers justice in accordance with sacred law (Dharma), evidence (vyavahdra), history (samsthd) and edicts of kings (Nydya) which is the fourth will be able to conquer the whole world bounded by the four quarters (Chaturantdm mahim).
* Whenever there is disagreement between history and sacred law or between evidence and sacred law, then the matter shall be settled in accordance with sacred law.
* But whenever sacred law (sdstra) is conflict with rational law (Dharmanydya=kmgs' law), then reason shall be held authoritative; for there the original text (on which the sacred law has been based) is not available.
* Self-assertion (svayamvdda) on the part of either of the parties has often been found faulty. Examination (anuyoga), honesty (drjava), evidence (hetu) and asseveration by oath (sapatha)— these alone can enable a man to win his cause.
* Whenever by means of the deposition of witnesses, the statements of either of the parties are found contradictory, and whenever the cause of either of the parties is found through the king's spies to be false, then the decree shall be passed against that party.
[Thus ends Chapter I, "Determination of forms of Agreement; Determination of Legal Disputes" in Book III, "Concerning Law," of the Arthasdstra of Kautilya. End of the fifty-eighth chapter from the beginning.]
CHAPTER II. CONCERNING MARRIAGE. THE DUTY OF MARRIAGE, THE PROPERTY OF A WOMAN, AND COMPENSATIONS FOR REMARRIAGE.
Kautilya's Arthashastra MARRIAGE precedes the other calls of life (vyavahdra.) The giving in marriage of a maiden well-adorned is called Brahma-marriage. The joint-performance of sacred duties (by a man and a woman) is known as prdjdpatya marriage.
(The giving in marriage of a maiden) for a couple of cows is called Arsha. (The giving in marriage of a maiden) to an officiating priest in a sacrifice is called Daiva. The voluntary union of a maiden with her lover is called Gdndharva. Giving a maiden after receiving plenty of wealth (sulka) is termed Asura. The abduction of a maiden is called Rdkshasa. The abduction of a maiden while she is asleep and in intoxication is called Paisdcha marraige.
Of these, the first four are ancestral customs of old and are valid on their being approved of by the father. The rest are to be sanctioned by both the father and the mother; for it is they that receive the money (sulka) paid by the bridegroom for their daughter. In case of the absence by death of either the father or the mother, the survivor will receive the sulka. If both of them are dead, the maiden herself shall receive it. Any kind of marriage is approvable, provided it pleases all those (that are concerned in it.)
(Property of Women.)
Means of subsistence (vritti) or jewellery (dbadhya) constitutes what is called the property of a woman. Means of subsistence valued at above two thousand shall be endowed (on her name). There is no limit to jewellery. It is no guilt for the wife to make use of this property in maintaining her son, her daughter-in-law or herself whenever her absent husband has made no provision for her maintenance. In calamities, disease and famine, in warding off dangers and in charitable acts, the husband, too, may make use of this property. Neither shall there be any complaint against the enjoyment of this property by mutual Kautilya's Arthashastra consent by a couple who have brought forth a twin. Nor shall there be any complaint if this property has been enjoyed for three years by those who are wedded in accordance with the customs of the first four kinds of marriage. But the enjoyment of this property in the cases of Gdndharva and Asura marriages shall be liable to be restored together with interest on it. In the case of such marriages as are called Rdkshasa and Paisacha, the use of this property shall be dealt with as theft. Thus the duty of marriage is dealt with.
On the death of her husband a woman, desirous to lead a pious life, shall at once receive not only her endowment and jewellery (sthdpydbharanam), but also the balance of sulka due to her. If both of these two things are not actually in her possession, though nominally given to her, she shall at once receive both of them together with interest (on their value.) If she is desirous of a second marriage (kutumbakdma), she shall be given on the occasion of her remarriage (nivesakdle) whatever either her father-in-law or her husband or both had given to her. The time at which women can remarry shall be explained in connection with the subject of long sojourn of husbands.
If a widow marries any man other than of her father-in-law's selection (svasuraprdtilo-myenanivishtd), she shall forfeit whatever had been given to her by her father-in-law and her husband.
The kinsmen (gndtis) of a woman shall return to her whatever property of her own she had placed in their custody. Whoever justly takes a woman under his protection shall equally protect her property. No woman shall succeed in her attempt to establish her title to the property of her husband.
If she lives a pious life, she may enjoy it (dharmakdmd bhunjita). No woman with a son or sons shall be at liberty to make free use of her own property (stridhana); for that property of hers Kautilya's Arthashastra her sons shall receive.
If a woman attempts to take possession of her own property under the plea of maintaining her sons, she shall be made to endow it in their name. If a woman has many male children, then she shall conserve her own property in the same condition as she had received from her husband. Even that property which has been given her with full powers of enjoyment and disposal she shall endow in the name of her sons.
A barren widow who is faithful to the bed of her dead husband may, under the protection of her teacher, enjoy her property as long as she lives: for it is to ward off calamities that women are endowed with property. On her death, her property shall pass into the hands of her kinsmen {day add). If the husband is alive and the wife is dead, then her sons and daughters shall divide her property among themselves. If there are no sons, her daughters shall have it. In their absence her husband shall take that amount of money (sulka) which he had given her, and her relatives shall retake whatever in the shape of gift or dowry they had presented her. Thus the determination of the property of a woman is dealt with.
(Re-marriage of Males.)
If a woman either brings forth no (live) children, or has no male issue, or is barren, her husband shall wait for eight years, (before marrying another). If she bears only a dead child, he has to wait for ten years. If she brings forth only females, he has to wait for twelve years. Then if he is desirous to have sons, he may marry another. In case of violating this rule, he shall be made to pay her not only sulka, her property (stridhana) and an adequate monetary compensation (ddhivedanikamartham), but also a fine of 24 panas to the Government. Having given the necessary amount of sulka Kautilya's Arthashastra and property {stridhana) even to those women who have not received such things on the occasion of their marriage with him, and also having given his wives the proportionate compensation and an adequate subsistence (yritti), he may marry any number of women; for women are created for the sake of sons. If many or all of them are at the same time in menses, he shall lie with that woman among them, whom he married earlier or who has a living son. In case of his concealing the fact of her being in menses or neglecting to lie with any of them after her menses, he shall pay a fine of 96 panas. Of women who either have sons or are pious or barren, or bring forth only a dead child or are beyond the age of menstruation, none shall be associated with against her liking. If a man has no inclination, he may not lie with his wife who is either afflicted with leprosy or is a lunatic. But if a woman is desirous of having sons, she may lie with men suffering from such disease.
* If a husband either is of bad character or is long gone abroad or has become a traitor to his king or is likely to endanger the life of his wife or has fallen from his caste or has lost virility, he may be abandoned by his wife.
[Thus ends Chapter II, "The Duty of Marriage, the Property of a Woman, and Compensation for Remarriage," in Book III, "Concerning Law," of the Arthasdstra of Kautilya. End of the fifty-ninth chapter from the beginning.]
CHAPTER III. THE DUTY OF A WIFE; MAINTENANCE OF A WOMAN; CRUELTY TO WOMEN; ENMITY BETWEEN HUSBAND AND WIFE; A WIFE'S TRANSGRESSION; HER KINDNESS TO ANOTHER; AND FORBIDDEN TRANSACTIONS.
Kautilya's Arthashastra WOMEN, when twelve years old, attain their majority iprdptavyavahdra) and men when sixteen years old. If after attaining their majority, they prove disobedient to lawful authority (asusrushdydm), women shall be fined 15 panas and men, twice the amount.
(Maintenance of a woman.)
A woman who has a right to claim maintenance for an unlimited period of time shall be given as much food and clothing (grdsacchddana) as is necessary for her or more than is necessary in proportion to the income of the maintainer (yatha-purushaparivdpam vd). If the period (for which such things are to be given to her) is limited, then a certain amount of money fixed in proportion to the income of the maintainer shall be given to her; so also if she has not been given her sulka, property, and compensation (due to her for allowing her husband to remarry). If after parting with her husband, she places herself under the protection of any one belonging to her father-in-law's family (svasrakula), or if she begins to live independently, then her husband shall not be sued for (for her maintenance). Thus the determination of maintenance is dealt with.
(Cruelty to women.)