In India, “two marriages” historically transitioned from a socially accepted practice among kings and various communities to a modern legal offense known as bigamy for most. While monogamy (one spouse) is now the strict legal standard for Hindus, Sikhs, Jains, Buddhists and Christians, Polygyny (multiple wives) remains legally permissible for Muslims under personal law and rare instances of polyandry (multiple husbands) persists in certain tribes and Himalayans traditions through customary practices. Historically, multiple marriages were often used for political alliances or to ensure male heirs, but since the Hindu Marriage Act, 1955, and other respective act such unions were considered void, though the law still protects the legitimacy and inheritance rights of the children born from such union.
Can a man marry two wives legally in India? – Laws Scanned
Let us now dive deep into the legality of having two wives/multiple wives under different religions/tribes and the law that govern it.
Muslim Marriage Law
Under the Muslim Law (Shariat) Application Act, 19387, a Muslim man can marry up to four wives at a time. However, he is expected to legally and religiously treat all of them equally and provide them equitably.
Hindu Law
For Hindus, Buddhist, Sikhs and Jains having a second wife while the first is alive and the marital tie still persist, is considered Bigamy. The Hindu Marriage Act, 1955 mandates monogamy. According to section 5 of the HMA, a valid marriage requires neither the party has a living spouse at the time of second marriage. Second marriage is null and void as per section 11 of the said act and is punishable under section 17.
Christian and Parsi Laws
The Christians and Parsis prohibits bigamy under the Christians Marriage Act, 1872 and Parsis Marriage and Divorce Act,1936, here the second marriage is illegal and subject to criminal penalties.
Secular Laws
- For the marriages registered under the Special Marriage Act, 1954 (often used for interfaith marriages), the law warrants monogamy irrespective any religion.
- Under Goa Civil Code of 1867 certain exceptions are there for Hindu men to practice bigamy under specific circumstances such as first wife is unable to conceive by age 25 or a male child by age 30. However, the consent from first wife must be here and second marriage is recognized by specific customary conditions.
Scheduled Tribes
Many Tribal Communities are exempt from the standard Hindu Marriage Act under Article 342 of the Constitution. Section 2(2) of the HMA, explicitly states that it does not apply to schedule tribes unless notify by the Central Government. In the regions like Meghalaya and Arunachal Pradesh Customary Law often allow Polygyny (multiple wives) and Polyandry (multiple husbands) legally. As per section 3(a) of Hindu Marriage Act, a custom must be long standing and unbroken in usage. It should be certain and reasonable and should not be opposed to public policy, proven in court with proper evidence if challenged.
Legal status and Provisions governing Bigamy
- A second marriage is deemed null and void from the very inception. Section 494 of Indian Penal Code (now section 82 of the Bhartiya Nyaya Sanhita) bigamy is a criminal offence and punishable by up to 7 years of imprisonment and a fine.
- A wife in an invalid second marriage may claim maintenance under section 125 of CrPC, if she was kept in dark about the first marriage.
- A Second wife doesn’t have any rights in property.
- Children born out of such marriages are considered legitimate and have inheritance rights.
Thus, a second marriage without the consent of first wife and with out divorce is illegal in India. The consequences of such a conduct could be criminal prosecution, imprisonment and fine.
Is second marriage legal in India after divorce?
Yes, a second marriage is fully legal in India provided that the previous marriage has been dissolved by a decree of divorce from court. All the personal law recognizes second marriage after divorce, also each has specific rules for it.
- For Hindus, Buddhists, Jains, and Sikhs under section 15 of the act, a divorce person must wait for at least 90 days after the court grants divorce before marrying again.
- A Muslim woman after divorce has to observe a waiting period called iddat (usually three menstrual cycles or three months).
- Christians are governed by Indian divorce act, which requires the decree to be final and the appeal rights to be exhausted before second marriage.
- Special Marriage Act 1954 is a secular law that allows everyone to remarry after the divorce decree and after the expiry of 90 days appeal period.
Conclusion
India’s legal landscape regarding multiple marriages is a complex mosaic of tradition and modern reform. While Muslim personal law remains the only major framework that legally permits polygyny, the vast majority of Indian citizens including Hindus, Sikhs, Jains and Buddhist and Christians -are governed by strict monogamy laws. Any deviation is treated as the criminal offence of bigamy, punishable by imprisonment and rendering the union void. However, the law maintains a compassionate stance towards the innocent, ensuring that children born from such unions retain their legitimacy and inheritance rights. As debates surrounding a uniform civil code continue to grow, the future of these diverse religious exemptions remains one of India’s most significant legal and social conversations.
