AP BJP State Vice President, AP Dharmika Cell Wing, and Senior advocate Hanumath Prasad legal advice on polygamy, the legal rights of second wife's children for properties, and Hindu Marriage act.
#AdvocateHanumathPrasad #LegalAdvice #RightsOfSecondWifeChildren #Polygamy
Polygamy in India is outlawed. While polygamy was not prohibited in Ancient India and was common among aristocrats and emperors, it is believed that it was not a major cultural practice. The lack of prohibition was in part due to the separation between land laws and religion (independence of the judiciary), and partially since all of the major religions of India portrayed polygamy in a neutral light.
In contrast to Europe, polygamy prevailed in ancient India for rulers and kings. It was common for rulers (for example Bhupinder Singh of Patiala and Fateh Singh of Udaipur and Mewar). Some wealthy individuals (for example Ramkrishna Dalmia, Gajanan Birla, and P. Rajagopal) had multiple wives.
The British colonial Empire of India permitted Islamic provinces to allow husbands to have multiple wives. When Maharaja Ranjit Singh was cremated in Lahore, four of his wives and seven concubines took to Sati,[4] and their urn-like memorials exist at his Samadhi.
Section 494 and 495 of the Indian Penal Code of 1860, prohibited polygamy for Christians. In 1955, the Hindu Marriage Act was drafted, which prohibited the marriage of a Hindu whose spouse was still living. Thus polygamy became illegal in India in 1956, uniformly for all of its citizens except for Muslims, who are permitted to have four wives, and for Hindus in Goa and along the western coast where bigamy is legal.
A polygamous Hindu marriage is null and void. While the punishment specified in Sections 494 and 495 is applicable, it is rare if the first spouse does not have an objection.
Muslims in the rest of the country is subject to the terms of The Muslim Personal Law (Shariat) Application Act of 1937, interpreted by the All India Muslim Personal Law Board.
However, in a judgment in February 2015, the Supreme court of India stated that "Polygamy was not an integral or fundamental part of the Muslim religion, and monogamy was a reform within the power of the State under Article 25".
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