The Implications of Multiple Spousal Relationships: Experience of Women in Hawassa and Adama Towns

Abstract

The case reports from the legal aid centers run by Addis Ababa University, Center for Human Rights in Hawassa and Adama towns showed that bigamy is one of the causes of divorce and legal claims raised by women. A preliminary review revealed that most of these cases do not fulfill the legal definition of bigamy and hence none of the legal consequences arising there from. This research investigates the range of multiple spousal relations existing in the study areas, documents the experience of women affected in such settings, and presents on the normative standards applicable and the challenges women encounter in seeking legal remedies. The research identified that multiple spousal relations in the study areas that range from formal polygamy to infidelity and keeping of mistresses are mainly triggered by excessive sexual desire of men, failure to get, seeking sons instead of daughters, and mobility for work and newfound wealth by men. Lack of proper public records and difficulty of access, along with the absence of culture in using such records, are also raised as factors allowing men get away with practicing multiple spousal relations with relative ease. The study found that most women view the practice as unfair and socially unacceptable and are aware of the full range of legal remedies available to them; all study participants have also the understanding that multiple spousal relationships engender negative socio-economic and psychological impact on women. Despite such awareness, women rarely pursue the ‘dissolution’ of the second marriage or seek for men to be punished for adultery; rather, the most frequented claim is identified to be asking maintenance for children and/or divorce. The weak economic position of women involved and lack of trust in the justice system are found to be the main reasons that deter women from seeking legal remedies.

Key Words: Multiple spousal relationships, polygamy, bigamy, de facto marriage, irregular union, Ethiopian matrimonial law