Hindu multiple wives


can a hindu man have multiple wives? in any exceptional case?
 
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subregistrar/supdt.(retired)

The answer is no.  It comes under Bigamy.

 
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FIN

You can benefit from above.

 

if you have any precedences you may post the details.

 

GO thru illustrations in the Act;

THE HINDU MARRIAGE ACT, 1955 (Act 25 of 1955)[18th May, 1955]

2. Application of Act.-

3. Definitions

5. Condition for a Hindu Marriage

11. Nullity of marriage and divorce- Void marriages.-

17. Punishment of Bigamy

 

The husband (Hindu as in query) may ………..may escape if wife choses not to complain.

The query pertains to Hindu male and so IT is believed that there is NO relation with published material on Polygamy, polyandry in Hinduism……………….and/or gounds of insanity.

 
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FIN

After enactments pertaining to Hindu’s (as above)….

Insanity is grounds for divorce

and needs to be proved that spouse is suffering to the extent that spouse is incurably of sound mind and is suffering intermittently or permanently to that extent that other spouse cannot be expected to live with the other spouse.

 

GO thru the court comments on:

Insttitution of marriage;

Allahabad High Court

Ajay Lavania S/O Late Dr.Jagdish ... vs Smt. Shobhna Dubey D/O Dr. S.P. ... on 28 July, 2011

Bench: Devi Prasad Singh, S.C. Chaurasia

 

 

 

 

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

 

 

 

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW.

 

 

 

                                                                                                RESERVED

 

                                                                                                A.F.R.

 

Case :- FIRST APPEAL No. - 77 of 2010

 

2. Since ages, solemnisation of marriage has been found to be best mode of life to save the human race from animal's living and consequential irreparable injury. The institution of marriage is not only based on thousand years of experience of human race but it is a time tested ceremony which has saved the human race since ages from desertion, prostitution and different forms of agony. Different religions have given importance to marriage in different way. Even, non-believers prefer marriage to save their children or coming generation to become street boy. Non-believers may enter into wedlock under the law framed by the State. In India, particularly among Hindus, ceremony of marriage has been pious bond to unite men and women to work collectively not only for own interest but also for generations to come.

 
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FIN

And;

 

Court cannot grant the dissolution of marriage on the basis of one spouse's illness.

 

Supreme Court of India

Kollam Chandra Sekhar vs Kollam Padma Latha on 17 September, 2013

Author: V G Gowda

Bench: G.S. Singhvi, V. Gopala Gowda

                                                               REPORTABLE

 

 

 

 

                 IN      THE      SUPREME       COURT       OF       INDIA

                        CIVIL APPELLATE JURISDICTION

 

                        CIVIL APPEAL NO.8264 OF 2013

 

                  (Arising out of SLP (C) No. 3544 of 2007)

4… At that time, both the appellant and the respondent suffered tensions and they were restless on account of the situation created by the in-laws of the appellant’s deceased brother. Both of them received medical treatment and due to depression, appellant submitted his resignation and the respondent also resigned from her job at AIIMS.

5… Thereafter, the appellant got issued a notice dated 25.11.1998 to the respondent making certain false allegations saying that she was suffering from schizophrenia and she had suicidal tendencies etc., with the object of marrying again for fat dowry.

21….. It is thus clear that the respondent, even if she did suffer from schizophrenia, is in a much better health condition at present. Therefore, this Court cannot grant the dissolution of marriage on the basis of one spouse's illness.

23… The illness had its fair share of problems. Can this be a reason for the appellant to abandon her and seek dissolution of marriage after the child is born out of their union? Since the child is now a grown up girl, her welfare must be the prime consideration for both the parties. In view of the foregoing reasons, we are of the opinion that the two parties in this case must reconcile and if the appellant so feels that the respondent is still suffering, then she must be given the right treatment. The respondent must stick to her treatment plan and make the best attempts to get better. 

 
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FIN

Spouse if suffering from acute mental depression coupled with schizophrenia even prior to the marriage

Supreme Court of India

Pankaj Mahajan vs Dimple @ Kajal on 30 September, 2011

Author: P.Sathasivam

Bench: P. Sathasivam, B.S. Chauhan

                                                                            REPORTABLE

 

                                                                           

 

                IN THE SUPREME COURT OF INDIA

 

 

                 CIVIL APPELLATE JURISDICTION

 

 

           CIVIL APPEAL NO.    8402          OF 2011

 

       (Arising out of S.L.P. (Civil) No. 29641 of 2009)

 

2; (c)

On enquiry, the appellant-husband came to know that the respondent-wife was suffering from acute mental depression coupled with schizophrenia even prior to the marriage and was taking treatment for the same. The appellant-husband hoping that the respondent-wife would become alright took her to various doctors, but her mental condition did not improve and she became more and more violent and aggressive. She insulted and humiliated the appellant-husband in front of his colleagues and relatives several times and even on one occasion she pushed the appellant-husband from the staircase causing fracture in his right forearm.

 

24) All these factual details culled out from the pleadings and evidence of both the parties clearly show the conduct of the respondent-wife towards the appellant-husband. With these acceptable facts and details, it cannot be concluded that the appellant-husband has not made out a case of cruelty at the hands of the respondent-wife. We are satisfied that the appellant-husband had placed ample evidence on record that the respondent-wife is suffering from "mental disorder" and due to her acts and conduct, she caused grave mental cruelty 

 

 

 

The above posts are only towards some publication on insanity in Hinduism.

 

The precedences set by courts and provisions of enactments for Hindu are to be looked into specifically.

 

 
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FIN

There are many threads on similar query/related material  that you can SEARCH thru SEARCH option in threads, Articles, Files etc e.g;

Article under my profile;

“After the year 1956 succession amongst Hindus shall be governed by the Hindu Succession Act”

 
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FIN

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

 
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U can have if u have guts and ready to face legal &penal action against u thru out entire life.
 
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N.A

Yes, The Goa Law on polygamy: A law recognises the second marriage of “Gentile Hindu” man of Goa if his previous wife does not have any children before age 25 or if she does not have a male children by 30.

 
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