“Extremely Shocking”: Delhi High Court Refuses FIR Quashing, Raps Parties And Advocate For Misleading Family Court Into Divorce In Void Marriage
Isabella Mariam
The High Court of Delhi Single Bench of Justice Girish Kathpalia dismissed a petition seeking quashing of an FIR alleging cruelty, breach of trust, bigamy and dowry-related offences, after finding that the accused and the complainant, along with their advocates, had misled a Family Court into passing a mutual-consent divorce decree in respect of a void marriage. Recording “extreme shock” at the conduct, the Court imposed ₹1 lakh as exemplary costs and directed the local police to take immediate legal action and submit a report. It also ordered copies of the judgment to be sent to the Family Court, the Marriage Registration Office and the Bar Council of Delhi.
The petitioners approached the High Court seeking quashing of an FIR registered at PS Harsh Vihar for offences under Sections 498A/406/34/494 IPC and Sections 3/4 of the Dowry Prohibition Act on the ground that the complainant had compromised the dispute. Petitioner No.1 was the husband of the complainant and Petitioner No.2 was the mother-in-law. The complainant was impleaded as Respondent No.2.
According to the FIR, Petitioner No.1 contacted Respondent No.2 through social media with a proposal of marriage and married her on 13.10.2020 after registration before the Marriage Registration Officer. In August 2021, while applying for a government scheme, Respondent No.2 discovered through the Aadhar Card of Petitioner No.1 that he was already married to another woman and had two children. The FIR also contained allegations relating to cruelty and misappropriation of dowry articles. During the hearing, it emerged that despite the marriage being void, the parties had obtained a mutual consent divorce decree dated 30.08.2025 from the Family Court by describing Petitioner No.1 as a bachelor in the divorce petition.
The Court recorded that it interacted with both sides and noted, “In view of nature of this case, I spoke with both sides in Hindi to ascertain the truth. The truth that came out is extremely shocking. The petitioners have apparently played fraud with different authorities.”
Referring to the FIR, the Court observed that Petitioner No.1 had already been married at the time of his marriage with Respondent No.2 and had two children from the earlier marriage. The Court recorded, “In the course of hearing today, it came out that despite the marriage between petitioner no.1 and respondent no.2 being a void act (because petitioner no.1 was already married), the marriage between petitioner no.1 and respondent no.2 was also got dissolved by way of decree of divorce dated 30.08.2025 with mutual consent.”
The Court noted that the divorce petition described the marital status of Petitioner No.1 as bachelor and recorded, “In the said petition, marital status of petitioner no.1 has been pleaded as bachelor.”
With respect to the conduct of the parties and counsel, the Court recorded, “Even counsel for respondent no.2 did not disclose before the Family Court about the falsehood in the divorce petition.” It further stated, “In nutshell, it appears that petitioner no.1 and respondent no.2 played fraud with the Family Court no.1, District Shahdara, Karkadooma Courts, Delhi by falsely declaring the marital status of petitioner no.1 as bachelor.”
The Court also recorded, “Further, the petitioner no.1 also cheated the Office of Registrar of Marriages by falsely disclosing his marital status as bachelor, which led to issuance of marriage registration certificate to the petitioner no.1 and respondent no.2.”
The Court noted the impact of the conduct and recorded, “One cannot lose sight of the fact that wife of petitioner no.1, their two children and one child born from relations between the petitioner no.1 and respondent no.2 are sufferers for no fault of theirs.”
The Court directed, “In view of above circumstances, the petition is dismissed with exemplary costs of Rs. 1,00,000/- to be deposited within one week by petitioners online with www.bharatkeveer.gov.in.”
“The local police of PS Harsh Vihar shall immediately take appropriate legal action as regards the aforesaid and shall file a report with the Registry of this Court within three days; and for compliance, copy of this order be sent to the concerned ACP forthwith.”
“The copy of this judgment be immediately sent to the learned Judge, Family Court-01, District Shahdara, Karkardooma Courts, Delhi for appropriate orders as regards the decree of divorce dated 30.08.2025 obtained by petitioner no.1 and respondent no.2 in HMA 1588/2025. The copy of this judgment be immediately sent to the Marriage Registration Office from where Marriage Registration Certificate was procured by petitioner no.1 and respondent no.2. The copy of this judgment be also sent to the Bar Council of Delhi for appropriate proceedings in accordance with law.”
Advocates Representing the Parties
For the Petitioners: Mr. Brahm Kumar Pandey, Advocate
For the Respondents: Mr. Amit Ahlawat, APP for State; Ms. Shehnaz Khan, Advocate; Ms. Priyanka Rani, Advocate.
Case Title: Rohit Lamba & Anr. v. State NCT of Delhi & Anr.
Neutral Citation: 2026: DHC:1023
Case Number: CRL.M.C. 412/2026
Bench: Justice Girish Kathpalia
