Bigamy myth
9 years, 6 months ago

Bigamy myth

The Hindu  

AMONG Prime Minister Narendra Modi’s oft-reported speeches during his time as Gujarat Chief Minister was the one in which he said “ hum paanch, hamare pachees ” to mock the Muslim community. In August 2009, the Law Commission brought out a report, “Preventing Bigamy via Conversion to Islam: A proposal for giving statutory effect to Supreme Court rulings”. The report recommended that in the Hindu Marriage Act, 1955, a Sub-section 17-A be inserted to the effect that a married person cannot marry again even after changing religion unless the first marriage is dissolved or declared null and void in accordance with the law and that if such a second marriage is contracted, it should attract the application of Sections 494-495 of the Indian Penal Code. The IPC provisions relating to bigamy apply to women among Muslims because Muslim law treats a second bigamous marriage by a married woman as void, but not to men as under a general reading of the traditional Muslim law men are supposedly free to contract plural marriages. The Law Commission recommended the insertion of similar provisions into the Christian Marriage Act, 1872, the Parsi Marriage and Divorce Act, 1936, and the Dissolution of Muslim Marriages Act, 1939.

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History of this topic

The SC criticises ‘undue’ sympathy shown by lower courts in bigamy cases
7 months, 3 weeks ago

The SC criticises ‘undue’ sympathy shown by lower courts in bigamy cases

Hindustan Times  

On July 15, a division bench of the Supreme Court pronounced an interesting judgment, coming down heavily on a couple for committing bigamy and sentencing a woman and her second husband to six months in jail each. While enhancing the punishment imposed by the Madras High Court, the apex court went on to chastise the High Court’s sentence of ‘imprisonment …

What Indian laws say about polygamy
1 year, 4 months ago

What Indian laws say about polygamy

Live Mint  

Who is allowed to have more than one wife or husband in India? Now, let's delve into these laws and aspects first: The Hindu Marriage Act and Indian Penal Code Bigamy is prohibited for a select section of society in India under The Hindu Marriage Act, 1955. What Hindu Marriage Act says The Act clearly states THIS as one of …

Can a Hindu Man Marry Two Women? As Maha 'Twin' Wedding Shocks, a Look at Marriage Laws
2 years, 3 months ago

Can a Hindu Man Marry Two Women? As Maha 'Twin' Wedding Shocks, a Look at Marriage Laws

News 18  

The video clip of two twin women marrying a man in Maharashtra made headlines yesterday. There is the Hindu Marriage Act from 1955 for Hindus, the Muslim Personal Law Application Act 1937 for Muslims, the Indian Christian Marriage Act 1872 for Christians, and the Parsi Marriage and Divorce Act 1936 for Parsis. According to a report by Indian Kanoon, “any …

Woman set to marry herself in Vadodara: Understanding sologamy
2 years, 9 months ago

Woman set to marry herself in Vadodara: Understanding sologamy

Firstpost  

Kshama Bindu, 24, has announced that she will marry herself in a wedding, which will feature everything from ‘pheras’ and wedding vows to a Goa honeymoon, on 11 June. The solo wedding, a first for India, will feature everything — from the ‘pheras’ and wedding vows to a Goa honeymoon, but won’t have a groom or ‘baraat’. https://t.co/wWF0Cl1TPp — Rahul …

Delhi HC seeks govt response on plea for ‘regulation’ of polygamy in Islam
2 years, 10 months ago

Delhi HC seeks govt response on plea for ‘regulation’ of polygamy in Islam

Hindustan Times  

The Delhi high court on Monday sought the Centre’s stand on a Muslim woman’s plea seeking regulation of the practice of bigamy or polygamy which is allowed under Muslim law. The woman sought directions to the Union government to frame a law to regulate the practice of bigamy or polygamy contracted by a Muslim husband under Shariat with provisions of …

Polygamy: Plea In Delhi High Court Seeks Muslim Men To Obtain Prior Consent From Existing Wife Before Subsequent Marriage, Notice Issued
2 years, 10 months ago

Polygamy: Plea In Delhi High Court Seeks Muslim Men To Obtain Prior Consent From Existing Wife Before Subsequent Marriage, Notice Issued

Live Law  

The Delhi High Court today issued notice on a public interest litigation filed by a 28 years old Muslim woman, seeking a declaration that Muslim men cannot perform second marriage, without prior consent of their first wife. In essence, the plea seeks to restrict the practice of Polygamy in Muslim men, stating that the same is a regressive practice, derogatory …

Transgender doctor from Jamia wants Muslims to quickly marry multiple times before polygamy becomes illegal
2 years, 11 months ago

Transgender doctor from Jamia wants Muslims to quickly marry multiple times before polygamy becomes illegal

Op India  

Self-proclaimed queer activist Dr Aqsa Shaikh who reportedly is a faculty member at Jamia Hamdard has made controversial remarks on Muslim polygamy while trying to peddle the claim that all Muslims in India are in danger. “Dear Muslims, get Married.” Dr Shaikh started her thread saying, “There is palpable islamophobia across India whether you are in a village or Delhi, …

Allahabad High Court rejects two women's plea to recognise their 'marriage'
2 years, 11 months ago

Allahabad High Court rejects two women's plea to recognise their 'marriage'

Firstpost  

The couple contended that the Hindu Marriage Act talks about the marriage of two people and homosexual marriage has not been opposed by the legislation Allahabad: A plea by two women to recognise their “marriage” on the argument that such union was not “opposed” by the Hindu Marriage Act has been rejected by the Allahabad High Court. Opposing their plea, …

India’s Supreme Court accepts pleas by activists challenging new law that targets interfaith couples
4 years, 2 months ago

India’s Supreme Court accepts pleas by activists challenging new law that targets interfaith couples

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy India’s top court on Wednesday …

Mere Admission Of 2nd Marriage By Accused Isn’t Evidence Of It For Purpose Of Proving Marriage In Bigamy Case: Bombay HC [Read Judgment]
6 years, 11 months ago

Mere Admission Of 2nd Marriage By Accused Isn’t Evidence Of It For Purpose Of Proving Marriage In Bigamy Case: Bombay HC [Read Judgment]

Live Law  

Mere going through certain ceremonies with intention to marriage will not make the ceremonies prescribed by law or approved by customs, the court said. Allowing the appeal of a man convicted of bigamy, Justice AS Gadkari said there is no evidence on record to establish that, the accused performed second marriage by following necessary and essential ceremonies as per the …

Mere Admission Of 2nd Marriage By Accused Isn’t Evidence Of It For Purpose Of Proving Marriage In Bigamy Case: Bombay HC [Read Judgment]
6 years, 11 months ago

Mere Admission Of 2nd Marriage By Accused Isn’t Evidence Of It For Purpose Of Proving Marriage In Bigamy Case: Bombay HC [Read Judgment]

Live Law  

Mere going through certain ceremonies with intention to marriage will not make the ceremonies prescribed by law or approved by customs, the court said. Allowing the appeal of a man convicted of bigamy, Justice AS Gadkari said there is no evidence on record to establish that, the accused performed second marriage by following necessary and essential ceremonies as per the …

Kerala HC says not all inter-religious marriages are 'love jihad', terms re-conversion centres unconstitutional
7 years, 5 months ago

Kerala HC says not all inter-religious marriages are 'love jihad', terms re-conversion centres unconstitutional

Firstpost  

The Kerala High Court on Thursday held that all inter-religious weddings cannot be viewed as love jihad as it upheld a marriage between a Hindu woman and a Muslim man. Kochi: The Kerala High Court on Thursday held that all inter-religious weddings cannot be viewed as love jihad as it upheld a marriage between a Hindu woman and a Muslim …

A Muslim cannot be prosecuted for Bigamy (S.494 IPC) in the absence of UCC; Gujarat HC suggests to shun Polygamy which is a misinterpretation of Quran [Read Judgment]
9 years, 4 months ago

A Muslim cannot be prosecuted for Bigamy (S.494 IPC) in the absence of UCC; Gujarat HC suggests to shun Polygamy which is a misinterpretation of Quran [Read Judgment]

Live Law  

Polygamy is not encouraged in Islam and is an exception and not a Rule. It is for the maulvis and Muslim men to ensure that they do not abuse the Quranic injunctions to justify the heinously patriarchal act of polygamy in self-interest, the court observed.Gujarat High Court held that a Muslim cannot be prosecuted be prosecuted for Bigamy in the …

A Muslim cannot be prosecuted for Bigamy (S.494 IPC) in the absence of UCC; Gujarat HC suggests to shun Polygamy which is a misinterpretation of Quran [Read Judgment]
9 years, 4 months ago

A Muslim cannot be prosecuted for Bigamy (S.494 IPC) in the absence of UCC; Gujarat HC suggests to shun Polygamy which is a misinterpretation of Quran [Read Judgment]

Live Law  

Polygamy is not encouraged in Islam and is an exception and not a Rule. It is for the maulvis and Muslim men to ensure that they do not abuse the Quranic injunctions to justify the heinously patriarchal act of polygamy in self-interest, the court observed.Gujarat High Court held that a Muslim cannot be prosecuted be prosecuted for Bigamy in the …

Another one slips through
16 years, 1 month ago

Another one slips through

Hindustan Times  

From Chander Mohan to Chand Mohammed and back again: the first deserting his first wife Seema and converting to Islam to marry Anuradha Bali ; and the second deserting his latest love. When the Hindu Marriage Act of 1955 made bigamy illegal for Hindus, an escape route was found in Muslim personal law. But in the Ahmedabad Women’s Action Group …

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