Browse by Stream
QnA
Home
QnA
Go To Your Study Dashboard

Get Answers to all your Questions

header-bg qa
  • Home
  • Law
  • Read the following passage and answer the question. Marriage, whether considered as a sacrament or a contract, gives rise to a status. It confers a status of husband and wif

Read the following passage and answer the question.
Marriage, whether considered as a sacrament or a contract, gives rise to a status. It confers a status of husband and wife on parties of the marriage, and a status of legitimacy on the children of the marriage. For a valid marriage, in most systems of law, two conditions are necessary: (a) parties must have the capacity to marry, and (b) they must undergo the necessary ceremonies and rites of marriage. In some ancient communities, both requirements were nominal. Performance of certain shastric ceremonies is still necessary for a valid Hindu marriage. If the parties to the marriage have undergone the necessary ceremonies of marriage, they cannot be heard to say that they merely intended to be a man and a concubine. If requisite ceremonies are not performed, they cannot claim to be a husband and a wife whatever might have been their intention, unless some custom is invoked under which the performance of a ceremony is not necessary, or a presumption of law exists.
From ancient times to 1955, having more than one spouse was recognized in Hindu law. However, such a practice has been abolished and monogamy has been made a rule for all persons who are governed by the principles of the Hindu law. Monogamy means that one is permitted to have only one wife or one husband at a time. The provisions of the Hindu Marriage Act make a bigamous marriage void and makes it a penal offence for both Hindu males and females under the relevant provisions of the Indian Penal Code. It is not certain when the shastric limitation on marriages within certain degrees of generation came to be established. However, the Dharamshastras considered the sexual relationship with one’s mother, one’s sister, or one’s daughter, or even with one’s son’s wife as the highest sin. The prohibition of the sapinda relationship extended only to the third or fourth degree of kinship in ancient Hindu law. 
Question
Which of the following concept was not recognized by the Hindu law of marriage?

 

 

 

Option: 1

Bigamy

 


Option: 2

Polygamy

 


Option: 3

Polyandry

 


Option: 4

All of the above

 

 


Answers (1)

best_answer

Under the ancient Hindu law society, the practice of polygamy and bigamy was prevalent among the male members of the society. Bigamy refers to the practice of having more than one spouse at a time and includes both polygamy and polyandry. Polygamy permitted a male to have more than one wife simultaneously, whereas polyandry permitted the female to have more than one husband at a time. But, polyandry was not recognized by Hindu law in the society. However, by custom, it prevailed in certain regions of North and South India. Now, by virtue of Section 5 of HMA bigamy is prohibited.

 

 

Posted by

Rakesh

View full answer

Similar Questions

Trending Articles/News

anam-khan

CLAT 2025 exam on December 1; check last-minute preparation tips to score well in law entrance exam
anam-khan

CLAT 2025: Consortium asks PwD candidates to inform for scribe by November 23
anam-khan

CLAT 2025 Admit Card (OUT) Live: Download NLU CLAT hall ticket at consortiumofnlus.ac.in

Latest Question