Bigamy: Law V Social Reality

This paper examines the practice of bigamy among Hindus in India, highlighting the disparity between legal prohibitions and social realities. Despite the criminalization of bigamy under the Hindu Marriage Act, 1955, and the Indian Penal Code, 1860, the practice continues in Indian society. The essay explores three key factors contributing to the persistence of bigamy: underreporting by women due to social pressures and abuse, the shift of second marriages into secrecy, and men exploiting legal loopholes to avoid punishment. The legal system’s rigid evidentiary requirements, particularly the burden of proof placed on the first wife to prove the completion of essential marriage rituals, further complicate the prosecution of bigamy. Cases such as Bhaurao v. State of Maharashtra and Mukta Jesing v. Vallabhadas illustrate the challenges women face in seeking justice. This paper argues that the current legal framework, while well-intentioned, is inadequate in addressing the underlying social dynamics, inadvertently allowing the practice to persist in various forms.