Polygamy and Marriage Laws in India
๐ What is Polygamy?
Polygamy is the practice of having more than one spouse at the same time. In the Indian legal context, it generally refers to polygyny (a man having multiple wives), as polyandry is rare and not legally recognized.
๐ Is Polygamy Legal in India?
โ Legal for:
Muslim men: Under Muslim Personal Law, a Muslim man is allowed to have up to four wives at the same time, provided he treats all equally.
No legal punishment under Indian Penal Code (IPC) for a Muslim man having multiple wives.
โ Illegal for:
Hindus (under Hindu Marriage Act, 1955)
Christians (under Indian Christian Marriage Act, 1872 & Divorce Act, 1869)
Parsis (under Parsi Marriage and Divorce Act, 1936)
Others marrying under the Special Marriage Act, 1954
Under these laws:
๐ Marriage is monogamous. Marrying again while the first spouse is alive and not divorced is bigamy, a criminal offense under Section 494 and 495 of the Indian Penal Code.
โ๏ธ Relevant Laws and Provisions
๐งพ Hindu Marriage Act, 1955
Section 5: For a valid Hindu marriage, neither party should have a spouse living at the time of marriage.
Section 11: Bigamous marriages are void.
Section 17: Bigamy is punishable under IPC Sections 494 and 495.
๐ Indian Penal Code
Section 494: Bigamy โ marrying again during the lifetime of a spouse โ punishable with up to 7 years' imprisonment and a fine.
Section 495: If the second marriage is done concealing the former marriage, punishment may extend to 10 years and a fine.
๐ What Happens If a Hindu Man Marries Again Without Divorce?
The second marriage is void ab initio (invalid from the beginning).
He can be criminally prosecuted for bigamy.
The second wife has no legal status, but children from that marriage are legitimate under Section 16 of the Hindu Marriage Act.
๐ฉโโ๏ธ Supreme Court and High Court Judgments
Courts have consistently upheld that monogamy is compulsory under most personal laws in India.
Even Muslim men, though permitted polygamy under personal law, cannot marry multiple times under the Special Marriage Act.
โ๏ธ Uniform Civil Code (UCC) Debate
The issue of polygamy is often discussed in the context of the Uniform Civil Code (UCC), which seeks to bring uniformity in personal laws across religions, including outlawing polygamy for all.
โ Summary Table
| Religion/Law | Is Polygamy Allowed? | Governing Law |
|---|---|---|
| Hindus | โ No | Hindu Marriage Act, 1955 |
| Muslims (Men) | โ Yes (up to 4 wives) | Muslim Personal Law (not codified) |
| Christians | โ No | Indian Christian Marriage Act, 1872 |
| Parsis | โ No | Parsi Marriage and Divorce Act, 1936 |
| Special Marriage Act | โ No | Applies to interfaith/civil marriages |
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