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This is an archive article published on June 18, 2010

Social stigma forces many to accept bigamy: study

“As opposed to prevalent notions in our society,bigamy affects Hindu women more than Muslim women as laws governing their marriages have provisions for equal rights for more than one wife.

“As opposed to prevalent notions in our society,bigamy affects Hindu women more than Muslim women as laws governing their marriages have provisions for equal rights for more than one wife. But in Hindus,the second wife’s children do not have any rights over the father’s ancestral property”,said Assunta Pardhe,advocate and chief functionary of Chetna Mahila Vikas Kendra,while presenting the results of their study on bigamy and impact on women in Maharashtra.

The study was carried out in five different parts of the state,including Mumbai region,western Maharashtra,Konkan,Vidarbha and Marathwada from April 2007 to March 2010. An RTI filed by these NGOs at various police stations revealed that between 2007 and 2010,while in rural Pune,comprising Saswad,Lonavala,Haveli and Baramati,518 complaints were registered of husband wife disputes,in urban Pune,including Samarth,Yerwada,Vishrantwadi,vishrambagh,Kondhva,Hadapsar,Khadki,Bundgarden,Vimantal,Lashkar,Wanowrie and Shivajinagar,the number of such complaints was as high as 2,765.

The most common reasons for making complaints included physical abuse,liquor abuse,maintenance,extra-marital relationships and bigamy. However,only 10 cases have been registered under Section 494 of IPC that deals with laws relating to bigamy. In Beed,a total of 74 cases were registered under Section 494. Among other districts,Chandrapura tops the list of bigamy/extra-marital relationships complaints with 137 cases between 2007 and 2010,according to police records,but none of these cases were registered under Section 494. Hingoli,Vashim and Usmanabad had 28,54 and 20 such complaints respectively. “Due to social stigma and fear of being abandoned by husband,as well as lack of financial independence,most women we approached said they had accepted a second wife. The first wife is reluctant to prosecute her husband considering the fact that he is the father of her children”,said Nita Patel,a therapist and counsellor,based in London,and a researcher for Chetna for this study. She later added that the biggest problem with bigamy is that often the first wife does not know of the existence of a second wife until property related disputes start cropping up. In India,registration of marriage is not compulsory till today,which further complicates the matter,according to Patel.

The last census that included data on bigamy was way back in 1964. Lack of proper documentation of such cases was a major problem faced by the researchers during the study.

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