Historical background


Suggestion and conclusion



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Suggestion and conclusion

Bigamy is actually a crime in India, as under Section 494 of the Indian Penal Code. In India, second-marriage is a crime based on personal laws, customs, and social norms.

Although the Penal Code criminalizes and punishes a bigamy case, it is the personal rules that determine whether it is wrong in public or not. If personal law allows for this practice, it is legal in that society, like Muhammad. Anti-polygamy laws exist to curb this practice and to ensure that the first wife is not disowned. However, it has been argued in court that if the husband is imprisoned, the possibility for the first couple to live together get tarnished.

But the fact that the husband has committed a crime and that if he is not punished, the case will be made in vain, which must be considered, which is why the punishment for the crime is guaranteed. It has also been alleged in Sarla Mudgal and Lily Thomas case that we must have had a uniform civil code for all religions and denominations in relation to polygamy.



If the rules were same, there would be no dispute over this practice, and there would be no violation of Article 25 and Article 26. The decision, that even if a non-Muslim married person converts to Islam, cannot have another marriage unless the first marriage is dissolved. However, since bigamy is the case in question, it is important to use the same community code (uniform civil code) as recommended by the Malimath Committee, in order to prevent a case of family separation
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