ZENITH International Journal of Multidisciplinary Research
  • Year: 2019
  • Volume: 9
  • Issue: 6

Role of legislations in offence relating to Bigamy-A study based on laws in India

  • Author:
  • Bhavna1, Tahir Mahmood2
  • Total Page Count: 9
  • Page Number: 296 to 304

1Research Scholar, Amity Institute of Advanced Legal Studies Amity University, Noida. Email: bhavnakosi@gmail.com

2Amity Institute of Advanced Legal Studies Amity University, Noida. Email: bhavnakosi@gmail.com

Online published on 10 September, 2019.

Abstract

Bigamy an act of getting into a marriage with one person whereas still lawfully married another person. Bigamy may be in two ways that i.e. when a person marries more than one girl or polygyny, and the other is polyandry, where a woman marries more than one man. A sect of the argumentative Indian says its right to marry is abridged and says that other sect has been enjoying this right due to its Protestantism and bigottism. the controversy surrounds personal religious law and also the need for consistent and uniform Civil Code to satisfy with the conception of secularism and religious freedom in India. In Islam, restricted polygyny is allowable and polyandry is totally prohibited. Bigamy is a crime in most of the countries, and once it occurs during this context often neither the first nor second partner is conscious of the other. In countries that have bigamy laws, consent from a prior mate makes no distinction to the legality of the second marriage, that is usually considered void. The research work analyzes the problem of bigamy-that the Indian bigamy law solely prohibits bigamy among one religious group. after the analysis, I conclude that legislation in India, prohibiting marriage among Hindus, Christians and Parsis yet permitting polygamy among Muslims, is not unconstitutional and it doesn't violate the provisions of Articles 13, 14 and 15 of the Indian Constitution.

Keywords

Bigamy, Polygamy, Polyandry, Polygyny