'Extremely Shocking': Delhi High Court Slams Parties, Advocate For Misleading Family Court Into Granting Divorce In Void Marriage

The Delhi High Court has expressed “extreme shock” at the conduct of parties and their advocate misleading a Family Court into passing a divorce decree in respect of a void marriage.

Justice Girish Kathpalia dismissed a petition seeking quashing of FIR arising out of matrimonial offences and imposed ₹1 lakh as exemplary costs.

The case arose from an FIR registered for offences including cruelty and related matrimonial allegations. The accused approached the High Court seeking quashing of the FIR on the ground that the parties had already obtained a decree of divorce by mutual consent from the Family Court and had amicably settled their disputes.

However, during the course of hearing, the High Court examined the records of the divorce proceedings and found serious suppression of material facts.

It emerged that at the time of the second marriage, the husband had falsely declared himself to be a bachelor before the Office of Registrar of Marriages, despite having a subsisting earlier marriage, rendering the subsequent marriage void in law.

Nevertheless, the husband and his counsel misled the Family Court by false pleadings and declarations, and obtained divorce in respect of a marriage that was void ab initio.

Calling out the apparent fraud played with the authorities, the Court imposed ₹1 lakh as costs, and directed that copies of the order be forwarded to the Police authorities, the Family Court, the Marriage Registration Office and the Bar Council of Delhi, for appropriate action.

Appearance: Mr. Brahm Kumar Pandey, Advocate with petitioners in person for Petitioners; Mr. Amit Ahlawat, APP for State and Ms. Shehnaz Khan, Advocate with SI Rahul Ranjan, PS Harsh Vihar. Ms. Priyanka Rani, Advocate for R-2 with R-2 in person.

Case title: Rohit Lamba & Anr. v. State

Case no.: CRL.M.C. 412/2026

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