(I) At present polygamous marriages are made illegal as well as criminal. This one law has been responsible for a large number of suicides, murders and other crimes, done by both men and women. All the concerned members as well as the society at large have suffered in many ways.
Hence this law deserves as well as needs to be repealed without any further delay. The least that can be done is to decriminalise the polygamous marriages and make them legal, if necessary, under certain conditions. The main objective of this exercise should be to make the family system a safe, healthy and happy institution for all the stakeholders such as men women and children.
The philosophy behind this is as follows – Monogamy is an ideal situation in marriages. But it should not be thrust on people. Different families go through different situations at different times. They should have the freedom to find the solutions best suited for them, which can include divorce as well as polygamy. Denying that freedom to them creates unhealthy and unhappy relationships. Having to live forcefully in such conditions is nothing but mental torture. This gives rise to criminal intentions and crimes.
Our religion promotes idealism, but it does not force people to be ideal. It also does not punish people for not being ideal. Our religion puts forth the “Karma Phala Siddhanta” , which essentially conditions people’s minds to go towards idealism.
(I)(1) — Validating Reasons for taking Second Wife –
Polygamy as such should be decriminalised and made legal. Some cases under which taking divorce or taking second wife should be made legal and easy shall be as follows (a) If wife keeps deserting husband without valid reasons, husband can divorce her or have a second wife as per his discretion.
(b) If the wife refuses to have sexual relationships with him, without valid reasons (like health problems), then husband can divorce her or take a second wife as his discretion.
(c) One very important purpose of marriage is to make and raise kids. Hence if the wife refuses to make and raise kids or is unable to do this, the husband can divorce her or take a second wife as per his discretion.
(d) The husband is an integral part of his parental family and has some obligations and duties towards them. The wife is duty bound to help him in this. If she refuses to do this, or tries to break connections with them or ill treat or harasses them, the husband can divorce her or take a second wife.
(e) The wife is duty bound to carry out the daily regular household chores required for running the family smoothly. If she refuses to do them or purposely spoils them making others suffer, the husband can divorce her or take a second wife as per his discretion.
(f) If she insults, ill treats or harasses him or causes damage to his reputation and dignity, then the husband can divorce her or take a second wife.
(g) If the wife is adulterous, then the husband can divorce her or take a second wife as per his discretion.
(h) If the wife habitually spends excessively and causes financial damage to him, then the husband can divorce her or take a second wife as per his discretion.
(i) If the first wife, or her own free will, permits him to have a second wife, he can have the second wife.