History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c28.11.4

v2.c28.11.4

The Bombay High Court has held that the mere fact that the husband has married a second wife would not entitle the first wife to refuse to stay with the husband. Vide *Motilal v. Chanchal*, 4 Bom. L. R. 107. In *Virasami v. Appasami*, 1 Madras High Court Reports, p. 375, the court held that a Hindu may marry any number of wives, although he may have a wife or wives living. It is submitted with great respect that that is not the ideal or the view of the best writers, nor is such a view held by the majority of Indian jurists of ancient and medieval times. Modern opinion of educated people is most favourable to making marriages monogamous and efforts are being made to secure absolute monogamy by legislative action. For example, the Madras Nambudri Act (Madras Act XXI of 1933) forbids a Nambudri brāhmaṇa from marrying a second wife when the first is living except in three cases viz. (1) when the first wife is afflicted with an incurable disease for over five years, (2) when she has not borne a child within ten years of marriage, and (3) when she becomes an outcast.