Under Indian law, a person cannot marry or keep two wives at the same time. Such a practice is illegal and punishable. You may be wondering: Is polygamy legal for a Hindu? It`s an unusual and complicated relationship. It is also against the law: polygamy is illegal in India unless you are Muslim, and the Bhagat family is Hindu. In the Mahabharata, another great Sanskrit epic, Bhishma instructs King Yudhishthira as follows: “A Brahmin may have three wives.” A Kshatriya can have two wives. In the case of a Vaishya, he can only marry one person of his kind. “All descendants of these spouses should be treated equally.” From now on, polygamy is illegal, so Hindus only have monogamy as a choice, as a bigamous relationship is also prohibited. In Hinduism, polygamy is forbidden and illegal according to codified personal laws. But in Muslim law, the situation is different. According to Muslim personal law, a Muslim male can marry at the same time and keep four wives or spouses.
Such a marriage is valid and legal under Muslim personal law. Although a Muslim male can keep four women at a time, the reverse is not applicable. Before discussing whether polygamy is legal or not in India, one must first understand the meaning of “polygamy”. Understanding the place of bigamy in personal laws 1. Hindu Marriage Act, 1955 – According to Section 17 of the Hindu Marriage Act, 1955, if a person considered Hindu under the Act marries another person in the existence of his first marriage, i.e. while the first husband or wife is alive, that person will be punished under the Indian Penal Code. 2. Muslim Women (Protection of Rights in Case of Divorce) Act 1986 – Unlike other religions, unlike other religions, there are no special or specific provisions for bigamy. A Muslim man has the right to marry twice, three or four times if he is able to treat and respect all his wives equally. If he does not, he is responsible. 3. Parsi Marriage and Divorce Act, 1936 – Section 5 of this Act confirmed the nullity or dissolution of bigamy and imposed a penalty under sections 494 and 495 of the Indian Penal Code, 1860.
4. Christian Divorce Act 1896 – This law does not provide for a specific law for bigamy, but at the time of registration of marriage, section 60 states that none of the parties to the marriage must have been in an existing marriage and if a person takes an oath of allegiance or a declaration, it is punishable under Section 193 of the Indian Penal Code. This provision states that under this law, more than one marriage is considered illegal. 5. Special Marriage Act 1954 – Section 44 of this Act states that if a person commits bigamy, he or she is liable under sections 494 and 495 of the Penal Code of 1860. For a Hindu or a person practicing Hinduism, polygamy is both forbidden and illegal. Both under Indian law and under the Hindu Marriage Act. It is very difficult to calculate in how many countries polygamy is legal, because the practice of polygamy is still practiced in many places, although it is considered illegal by the laws of that country.
But with the passage of time and the introduction of the Hindu Marriage Act, the practice of polygamy was abolished. Today, it is illegal in India among Hindus. And at MyAdvo we offer you the opportunity to find a lawyer online. Someone who can dispel all your misconceptions about the legality or otherwise of polygamy in India. Little has changed in Denganmal during this period. There is still no water in the village. Wives two and three still have to fetch water every day. You need it to cook, clean, wash and wash utensils and clothes.
The issue was whether a controversial provision of the Haryana Act prohibiting persons with more than two children from running or holding a government position violated Article 25. The Honourable Supreme Court has held that under section 25, liberty is subject to social harmony, dignity and well-being. Muslim law allows the marriage of four women, but is not compulsory. It will not violate religious practice not to marry four wives. For reasons of order and discipline, decency or security, such behaviour of having several wives may be controlled or prohibited by law. Legitimately, a Hindu cannot marry a single person. He or she is unable to have two spouses at the same time. A person cannot marry another person while he is still attached to another person. The second husband or wife is considered illegitimate if he does so. According to the Hindu Marriage Act, the first spouse may initiate proceedings against the polygamous spouse. The Hindu Marriage Act is enshrined in the Indian legal system and makes polygamy illegal for Hindus.
In the state of Mizoram, a Christian sect known as “Lalpa Kohhran Thar” (literal translation “The New Church of the Lord”), sometimes known as “Khuangtuaha Pawl” or “Pu Chana Páwl” or “Ziona Pawl” (referring to rulers; pawl means sect or organization) practices polygamy. [12][13] Khuangtuaha (1891-1955) founded the sect in 1942 and was supported by his younger brother Chana (1910-1997). Chana introduced polygamous marriage and had seven wives. [14] Khuangtuaha followed suit and married three women. [15] Chana`s son, Ziona (1945-2021), was the sect`s most prolific polygamous man. At the time of his death in 2021, he had 38 wives, 89 children and 33 grandchildren. [16][17][18] But polygamy is not practiced freely; Men are only allowed to marry women if they can support themselves,[19] and this is decided by the priests. [15] Only rulers and their elite lines are generally able to afford the conditions; Therefore, it is not widely used. [20] There was a period in the Vedic period when Indian laws were not as pervasive or as strict as they are today. According to Hindu tradition, a person could practice polygamy at that time.
Back then, a husband could marry more than one person and have two or even three wives. His second and third wives play a crucial role in obtaining water for the MyAdvo family acts as a legal janitor.
