Historical background


Current position- Indian and international



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Current position- Indian and international
But over time, a number of provisions were made, making Bigamy a crime. These were personal laws. The Bombay Prevention of Hindu Bigamous Marriage Act and the Madras (Bombay Prevention and Divorce) Act, were passed with the aim of ensuring that men who committed the bigamy act, would be punished under this section, in Bombay and Madras, respectively. The Parsi Marriage and Divorce Act, specifically addressed to Parsis in India, also strictly forbade polygamy and made it punishable.

The Special Marriage Act and its amended provisions of 1923 also introduced laws prohibiting polygamy. The Hindu Marriage Act, 1955, draws inspiration and thought from the Manusmriti, making it one wife law for all Hindus, Buddhists, Jains, and Sikhs

But unfortunately, Islamic law, even though it does not recognize Polyandry, allows polygamy according to their personal law. Muslims are subject to whatever is stated in the Quran, which states that a man can marry four women at the same time, only if he can take care of them. Therefore, at present, all religions and their personal laws, with the exception of Islam, prohibit polygamy.

Prior to the enactment of the Hindu Marriage Act, 1955, polygamy among Hindu men was common and enjoyed public acceptance. But that position changed when the Hindu Marriage Act came into effect in 1955. Section 5 (i) of the said Act stipulates that a marriage may be solemnized between any two Hindus if "there is no spouse living at the time of the marriage", and Section 11 declares the marriage void if it violates section 5 (i). In addition, Section 17 provides that the provisions of Sections 494 and 495 of the Indian Penal Code shall apply where either party has a partner residing during the marriage.

The legal status of polygamy varies widely around the world. Polygamy is legal in 58 of the approximately 200 provinces, most of which are predominantly Muslim countries in Africa and Asia. Polyandry is illegal in almost every country.

The United Kingdom, Australia and New Zealand allow for the benefits of overseas polygamous marriages. Sweden accepts polygamous marriages performed abroad but without granting residency or social security rights to other spouses. In Switzerland polygamous marriages performed abroad may be accepted or rejected.

Most Islamic states view polygamy: these provinces range from West Africa to southeast Asia, with the exception of Israel, Turkey, and Tunisia. Most Christian nations do not allow polygamy, with the exception of a few, such as the Republic of Congo, Uganda, and Zambia. About a dozen countries that do not allow public polygamous marriages accept polygamous marriages under customary law. All northern states of Nigeria governed by Islamic law of Sharia accept polygamous marriages. Polyandry is common in rural Tibet, although it is illegal under Chinese family law. Polygamy continues in Bhutan in as many ways as it has since ancient times. It is also found in parts of Nepal, although it is illegal in the country.

Debates of legalizing polygamous marriages continue in Central Asian countries.




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