Karnataka woman disqualified for judge's post due to polygamy

However, when the list of judges appointed was notified by the Governor on September 30, 2008, Radharani's name was missing.

The government had received information that she was married to a man who already had another wife and she was disqualified under 5(2) of the civil services rules.

Radharani challenged her disqualification in  Karnataka High Court, but her petition was dismissed.

In his judgement, Justice Gowda says: “Polygamy brings with it misery, plight and ignominy to a woman. The Hindu Marriage Act nullifies and supersedes the practice of polygamy and hypergamy all over the country among the Hindus.

"The Rule 5(2) in question is also intended to achieve the laudable object of  monogamy.”

Hypergamy refers to the practice of marrying a person of higher caste or status than oneself.

Justice Gowda's verdict cites a 1995 judgement of the Supreme Court. “The Apex Court has judicially noticed it being acclaimed in the United States of America that the practice of polygamy is injurious to 'public morals', even though some religions may make it obligatory or desirable for its followers.”