Legal Status of Multiple Marriages in India

In India, the legality of having two simultaneous marriages (bigamy) depends on the personal laws governing an individual’s religion:Legal Status of Multiple Marriages in India

1. Hindu, Sikh, Jain, and Buddhist Communities:
   • Governed by the Hindu Marriage Act, 1955, bigamy is illegal. A second marriage is void unless the first marriage has been legally dissolved (via divorce, annulment, or death of a spouse).
   • Indian Penal Code (IPC) Section 494 criminalizes bigamy, punishable by up to 7 years imprisonment and/or a fine. This applies to Hindus, Christians, and others not governed by Muslim personal law.
2. Muslim Personal Law:
   • Muslim men are permitted to marry up to four wives, provided they can treat all spouses equally (as per Quranic guidelines). However, this is rare in practice due to social and financial constraints.
   • Bigamy remains legal under Islamic law in India, but recent debates and judicial rulings have emphasized stricter adherence to equitable treatment.
3. Special Marriage Act, 1954:
   • For interfaith or civil marriages registered under this act, bigamy is prohibited regardless of religion.
4. Exceptions and Nuances:
   • Conversion: A person cannot evade bigamy laws by converting to a religion that permits polygamy (e.g., a Hindu man converting to Islam to marry again). The Supreme Court (in the Sarla Mudgal case, 1995) ruled this amounts to bigamy under IPC Section 494.
   • Tribal Customs: Some tribal groups may follow traditional practices allowing polygamy, but these are subject to state-specific regulations.

Key Takeaway:

• For most Indians (Hindus, Christians, Sikhs, etc.), bigamy is illegal.
• Muslim men may legally have multiple spouses under specific conditions.
• Bigamy laws are strictly enforced, and exceptions (e.g., conversion) are scrutinized by courts.