Big twist in Amroha case: All three sisters themselves chose the groom, yet why will they not get the status of wife? Know what the law says

Amroha News: In Hasanpur area of ​​Amroha district, the matter of marriage of three real sisters and one young man (cameraman Vikas) is continuously taking new turns. While on one hand the Child Welfare Committee (CWC) is conducting an investigation regarding the possibility of her being a minor, on the other hand, big legal questions have also arisen regarding the legal status of this marriage. According to Delhi High Court lawyer Ishu Jain, there is no place for this type of marriage in Indian law and it is completely illegal.

According to legal experts, Hindu personal law provides for only one surviving spouse at a time. Delhi High Court lawyer Ishu Jain said – According to the Hindu Marriage Act, 1955, it is completely illegal to do second or third marriage while the first wife is alive and without legal divorce. Even if all three sisters wish to live together and no one has any complaint, there will be no legal recognition of the second and third marriage in the eyes of the law. The second and third woman can never get the rights or status of a legal wife.

Section 82 of BNS: 7 to 10 years in jail

Section 82 of the Indian Justice Code (BNS) provides for strict punishment for bigamy. The marriage becomes invalid if one marries a second time while the first husband or wife is alive. For this crime, the culprit can be punished with imprisonment of up to 7 years and fine. If the new marriage is contracted by concealing the fact of the first marriage, the punishment may be imprisonment up to 10 years and fine. There are only two exceptions to the law, either the first marriage has been declared void by a court, or the first spouse has been missing for 7 consecutive years.

Historic decision of the Supreme Court: ‘Indra Sharma vs. V.K.V. Sharma’

The position of this matter is also clear from the important decisions of the Supreme Court: In the Indra Sarma vs VKV Sarma (2013) case, the Supreme Court had made it clear that if a man is already legally married, then his relationship with another woman will not be considered as “Relationship in the nature of marriage”.

Also read: You got married, now the problem arises. Where is the problem in the marriage of three sisters with one groom?

Live-in relationships get some protection under Section 2(f) of the Domestic Violence Act, 2005, but the second or third woman living with a married man does not automatically get this relief; For this the court considers the facts of the case.

Can the police take action if there is no complaint?

It is often believed that the police do not take action without a complaint, but the legal reality is different. However, in practice, in cases of bigamy, the case is registered only on the complaint of the first wife or the affected family members. If this matter comes to the notice of the police or court and any illegal or criminal facts are found in it, then the state administration can also initiate appropriate legal process on its part.