The rocket science revealed based on sound mind and has nothing to do with changes made in HMA, 1955 rather it has everything to do once you codify and categories it as statutory law of the land!
Most people — a predominant majority of people — do not practice bigamy (plurality of spouses) and most people perform monogamous marriage (only one spouse). Polygamy (plurality of wives) in Indian context and further polygamy which is limited to four wives is allowed in some Muslim countries and some non - Muslim tribes of African continent which one replier rightly pointed to here.
Before 1955, India was the largest country (the then heterogeneous population wise is what it means) in the world which permitted its great majority of its people, Hindus and Muslims and alike to practice polygamy (mind it, it was then unlimited to Hindus and limited to four wives to Muslims which is amusing part of then anthropological lessons retold here). The mythological epics as illustration here is that of Krishna who had some 16,108 wives at his kingdom in Dwarka, in Mahabharata Draupadi marries the five Pandava brothers and in Ramayana father of Ram King Dasharath had three wives and so on so forth.
In some parts of contemporary India such as in Lahaul valley in Himachal Pradesh (Malana region to be precise), Ladakh District (Dah-Hanu region to be precise), in the Jaunsar–Bawar region in Uttarakhand (Har-ki-Doon region to be precise), among the Toda of South India, the Nishi of Arunachal Pradesh and among the Thiyyas community of South Malabar District, polyandry still prevails—and is still recognized under regional customs till date.
Strict monogamy was introduced for Hindus in Bombay Province in 1948 and in Madras Province in 1949. Finally in 1955 the Hindu Marriage Act introduced monogamy for all Hindus and made bigamy a penal offence. Bigamy among Hindus is now punishable with a term of imprisonment which may extend to 7 years and if the fact of the first marriage was concealed from the spouse the term of imprisonment may extend to 10 years which by now you may be aware of by bare reading recent post on similar subject matter?
The outstanding feature of the Hindu Marriage Act, 1955 is introduction of monogamous form of marriage. Even before the commencement of the Hindu Marriage Act, 1955 the marriage amongst the Nayars and others governed by the Marumakkathyam Law of Kerala was strictly monogamous since the Madras Marumakkathyam Act 1932 prohibited both bigamy and polygamy. This apart, certain States made provisions for prevention of bigamous marriages. These are; BOMBAY: Bombay Prevention of Hindu Bigamous Marriage Act, 1946. MADRAS: Madras Hindu (Bigamy Prevention and Divorce) Act, 1946. SAURASHTRA: Saurashtra Prevention of Hindu Bigamous Marriage Act, 1950. MADHYA PRADESH: M.P. Prevention of Hindu Bigamy Act, 1955.
Textual Hindu Law which is hinted in your discussion before us permitted polygamy for a man. It is not a matter of long past that in India hypergamy brought forth wholesale polygamy and along with it misery, plight and ignominy to Brahmin woman having no parallel in the world till date. A caste when is sub-divided into different sections of different social status the rule of hypergamy demanded that the parents must marry their daughters to a man of equal social status if not higher. The parents of higher sections found it extremely difficult to procure husbands for their daughters from a higher section or even husbands of equal status. During those days there was no injunction on polygamy. Some Bengali-Brahmins of higher status utilized this social phenomenon for earning a livelihood by indulging in wholesale acts of polygamy. That is the reason till date you can still find the second generation of Bengali Brahmin married women still found to be beauty in her class compared to other regional Indian brides of her then generations!. Those Brahmins popularly known as Kulin Brahmins used to marry innumerable women. The company of their husbands was required to be purchased (earliest reference of dowry in recorded history of India). Not only in Bengal but hypergamy prevailed also in Anavil-Brahmins and Leva-patidars of Gujarat, Rajputs of Gujarat and Rajasthan, Mahrats of Maharashtra, and Nayars, Kshatriyas and Ambalavasis of Kerala.
The provision of the Hindu Marriage Act imposing monogamy as a condition for a valid marriage has been unsuccessfully challenged as ultra vires in several of the past petitions before Apex court till date. It has been held that the provision does not offend Art(s). 14, 15 and 25 of the Constitution of India. A marriage in violation of the dictate that it must be monogamous is void ab initio. The provision in S. 11, Hindu Marriage Act, 1955 about the decree of nullity is an additional provision. Though S. 11 Hindu Marriage Act, 1955 gives a right to the parties to sue for declaration that the alleged marriage is a nullity the filing of such a suit is not a condition precedent to putting an end of such marriage. What ultimately is declared in such suits is the status of the parties on the date of the alleged marriage. It is not that a bigamous marriage contracted in violation of S. 5(i) of the Hindu Marriage Act, 1955 is valid until a decree declaring the marriage as nullity is passed. What is null and void is not in existence for any purpose whatsoever. Accordingly delay is no bar to institution of suit for declaration that a marriage is void ab initio. It may be recalled that Limitation Act does not apply to a suit or proceeding under the law relating to marriage and divorce [vide S. 29 (3) of the Limitation Act 1963]. No matter whether the petitioner had contracted several marriages before during the lifetime of the husbands if the petitioner proves that respondent with he or she entered into a sort of marriage had a spouse alive on the date of the marriage the marriage is liable to be declared null and void. When divorce between spouses is obtained by a minor the decree of divorce is a nullity if a spouse of such marriage contracts another marriage, such marriage is void it being hit by Cl. (i) of S. 5 of the Hindu Marriage Act, 1955. When one spouse assails a marriage as void as bigamous but the respondent husband while admitting the first marriage takes the plea of death of first wife it has been held the wife is entitled to a decree of nullity as the marriage must be held to be void. But in the absence of proof of subsistence of first marriage cannot be held invalid.
As to ‘traditional Hindu religious sentiment and practices’ spoken here by one replier, it is now well known that polygamy at no stage of Hindu society right from the Vedic age to this day had been practiced widely. There have been only stray cases and whose account one can readily find in Historical recordings of the same which are available with any Law University’s achieves. The Hindu sentiment has always been against polygamy. RAMA the Great King has been the ideal for Hindus from generations and Rama practiced strict monogamy and till date one can always find reference of His consort SITA spoken with reverence by septuagenarian Lordships in no. of citations churned by Apex Court. In the contemporary Indian society any argument in favour of bigamy, polyandry or on that matter polygamy is based on crude sentimentalism. It is a worst form of male narrow-mindedness.
However in my opinion where there is a gender imbalance in India, polyandry shall be the way of lifestyle than stamping Rule of Hindu modern Law upon us thus pre-nups can be one check and balance pointer here which is much needed larger interest public policy based showdown!. [this hints as a public policy based needs for further Amendments in Hindu Marriage Act, 1955 which may be on the anvil in days to come for post liberalized generation next to feel happy about it J]
Hope your query before us rests now in PEACE!
