Aishwarya Kapoor, Jindal Global Law School
Introduction
Marriage, as defined by Black Law’s Dictionary1 refers to “the civil status of one man and one woman united in law for life, for the discharge to each other and the community of the duties legally incumbent on those whose association is founded on the distinction of sex”
Under Hindu Law, marriage is believed to be sacred-a spiritual union between two individuals.
Bigamy under the Hindu Law
Bigamy is the act of entering into a marriage with one person while still being legally married to someone else.
Prior to the Hindu Marriage Act of 19552 ("HMA"), bigamy or polygamy among Hindus in India was not prohibited. It was permitted for Hindu men, but monogamy has always been enforced upon Hindu women. This patriarchal tradition was sought to be abolished by the HMA.
