Bigg Boss OTT 3 in Legal Hot Water: Can Armaan Malik Face Charges For Polygamy? Legal Insights

Bigg Boss OTT 3, like all its seasons, is in the news for the wrong reasons. The latest edition of the controversial reality show features an unconventional relationship. YouTuber Armaan Malik and his two wives- Priya and Kritika- are being trolled for featuring in the show. Apart from them, the makers are also being criticised for inviting the ‘throuple’ as participants.

During the episodes, Armaan, on several occasions, is seen talking about his marriages with Payal and Kritika. This has led to curiosity around the legality of the trio's relationship in India.

What does the Hindu Marriage Act, 1955 say about polygamy?

Armaan's real name is Sandeep. Reportedly, he married Payal in 2011 and Kritika in 2018. According to Payal, Kritika is her best friend and that is how she met Armaan.

Traditionally, polygamy — mainly the situation of a man having more than one wife — was practiced widely in India. The Hindu Marriage Act, 1955 outlawed the practice. The Special Marriage Act (SMA), 1954 allows individuals to perform inter-religious marriages, but it forbids polygamy. The Act has been used by many Muslim women to help them stop practicing polygamy.

The Hindu Marriage Act, which came into effect in 1955, made it clear that Hindu polygamy would be abolished and criminalised. Under Section 11 Act, which states that polygamous marriages are void, the Act cautiously mandates monogamous relationships.

When someone performs it, they are punished under Section 17 of the very same Act, as well as Sections 494 and 495 of the Indian Penal Code, 1860. Because Buddhists, Jains, and Sikhs are all considered Hindus and do not have their own laws, the provisions in the Hindu Marriage Act apply to these three religious denominations as well.

Polygamy according to All India Muslim Personal Law Board

The clauses under the Muslim Personal Law Application Act (Shariat) of 1937, as construed by the All India Muslim Personal Law Board, apply to Muslims in India. Polygamy is not prohibited in Muslim legislation because it is recognised as a religious practice, hence they tend to preserve and practice it. It is, nevertheless, clear that if this method is determined to violate the constitution’s basic rights, it can be overturned.

When there is a disagreement between the Indian Penal Code and personal laws, the personal laws are implemented since it is a legal principle that a specific law supersedes the general law.

Can Armaan be jailed for practising polygamy?

Polygamy is a bailable offence. According to Section 494 of IPC, whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Concealment of marriage from the first wife or husband can lead up to ten years of jail term and a fine.