The Legality of Polygamy in Republic of India

  • Mohammad Tabrej Alam and Dr. Reetika Bansal
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  • Mohammad Tabrej Alam

    Research Scholar at Department of Law MM(DU), Mullana, Ambala, India

  • Dr. Reetika Bansal

    Professor at Department of Law MM(DU) Mullana, Ambala, India

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Abstract

Since ancient times, polygamy has been a common social custom. At first, it was common among the wealthy, as emperors, kings, and nobles had more than one wife. In due course, the scriptures and sacred texts also mentioned the practice of polygamy. This tradition was followed by the majority of nations, but it is still in use in Islamic nations today. In India nowadays, polygamy is totally outlawed. Sections 494 and 495 of the Penal Code, 1860, were also passed in order to lessen the effects of polygamy in addition to outlawing this practice of polygamy in India, the Hindu Marriage Act Bill was drafted in 1955. All Hindus are subject to this regulation, which forbids marrying another woman while the previous wife is still living while the Muslims are allowed to practice bigamy/polygamy as per there personal law i.e., Shariat Act 1937. These papers talk about the legality of polygamy in context of Indian law as well as personal laws applicable in India.

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Research Paper

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International Journal of Law Management and Humanities, Volume 7, Issue 4, Page 298 - 308

DOI: https://doij.org/10.10000/IJLMH.118052

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