The Delhi High Court has termed the conduct of litigants and their counsel “extremely shocking” after they secured a divorce decree in respect of a void marriage through misrepresentation. The Court refused to quash the criminal case and imposed ₹1 lakh as exemplary costs.
Justice Girish Kathpalia delivered the order while dismissing a petition seeking quashing of an FIR that involved allegations of cruelty and related matrimonial offences.
Petition Based on Mutual Settlement
The petitioners argued that they had settled their disputes. They informed the Court that the Family Court had already granted a decree of divorce by mutual consent.
However, the High Court examined the divorce records in detail. During this scrutiny, it found that the petitioners had withheld material facts.
Second Marriage Void Ab Initio
The Court noted that the husband had declared himself unmarried before the Office of the Registrar of Marriages while contracting a second marriage. In reality, his earlier marriage still subsisted.
Under law, a marriage contracted during the subsistence of a valid first marriage is void ab initio.
Despite this position, the husband and his counsel obtained a divorce decree by mutual consent. The Court found that the pleadings and declarations placed before the Family Court were false.
As a result, the Family Court granted a decree of divorce in respect of a marriage that was non est in the eyes of law.
Court Finds Apparent Fraud on Judicial Authorities
Justice Kathpalia observed that the petitioners appeared to have played a fraud upon judicial and statutory authorities.
Taking serious note of the conduct, the Court imposed ₹1 lakh in costs.
The Court also directed that copies of the order be sent to:
- Police authorities
- The concerned Family Court
- The Marriage Registration Office
- The Bar Council of Delhi
The Court instructed these authorities to take appropriate action.
Case Details
Case Title: Rohit Lamba & Anr. v. State
Case Number: CRL.M.C. 412/2026
Appearances
Mr. Brahm Kumar Pandey, Advocate, appeared for the petitioners. The petitioners were present in person.
Mr. Amit Ahlawat, APP, represented the State. He was assisted by Ms. Shehnaz Khan, Advocate, along with SI Rahul Ranjan, PS Harsh Vihar.
Ms. Priyanka Rani, Advocate, appeared for Respondent No. 2, who was also present in person.
