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M Hinduja vs Union of India || AIR 2003 SUPREME COURT 2612 || Case Summary


Polygamy

M. Hinduja vs Union of India: Case Analysis is a landmark case regarding the legal implications of Hindu polygamous marriages. The case was brought to court by M. Hinduja whose second marriage contracted during the subsistence of his first marriage, which he deemed legally void, was deemed legal by contrary submissions.

Judgment: The Supreme Court In the case of M.M. Karpagam, The law on Polygamy Suffers Further Set Back. According to the held court, the second marriage zarhooi.

Critical Analysis:

 

1. Monogamous Marriage: Such a judgement is yet another attempt at upholding the idea of monogamous marriages within the Hindu system and even asserts that marriages are to be for one spouse for one’s entire lifetime.

2. Resolution of Legal Issues: The court in as much provided such insight for the declaration that the 2nd marriage was void the first marriage was recognized thus the law protects the first spouse from being treated anyhow by the other and prevented exploitation.

3. Promoting Women’s Rights: This ruling also promotes women’s rights in the marriage preventing them from being left and keeping issues of equity in personal laws.

4. Practical Considerations: The judgment speaks to changing tides in society regarding marriage, as it embraces the change and recognizes the place of marriages from both emotional and legal perspectives.

5. Legal precedent: This case will serve as a critical case law in relation to the understanding of the provisions contained in the Hindu Marriage Act and will also affect subsequent case relating to divorce and marriage.

Conclusion:

The ruling in the case of M. Hinduja v. Union of India plays an important role in reinforcing the need for monogamy as well as safeguarding the rights of the spouses and promoting the understanding of gender roles in the context of marriage, more so in Hindu 

-Shivanii singh

 

 
 
 

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