Ruled in favour of Shishir Verma (Petitioner)
In Short
A husband filed a criminal complaint accusing his estranged wife and another man of bigamy just because they rented a flat together and listed each other as spouses on police papers. The Bombay High Court quashed the criminal case, ruling that simply living together or renting a home does not prove a second marriage without actual wedding ceremonies.
The Parties
Party A: Avinash Gopal Ramnath (Complainant / Respondent No.2)
Party B: Shishir Verma (Petitioner) and Pooja Verma (Accused No.1)
Advocates & Judges
For Party A: Learned Advocate Mr. Shishir Verma (appearing in-person), and Learned Advocate Mr. Yogesh M. Nakhwa (APP for State)
For Party B: Learned Advocate Mr. Ujjwal Gandhi, Learned Advocate Mr. Pratham R. Jain, and Learned Advocate Mr. Prateek Dutta
Judge(s): Hon'ble Justice Milind N. Jadhav
What the Case Was About
An estranged husband discovered through a real estate agent and police records that his wife, who had left him and filed for divorce, was living in a rented apartment in Mumbai with another man. Finding a police verification certificate that described them as husband and wife, the angry husband filed a private criminal complaint alleging bigamy. A magistrate initially rejected the complaint for lack of proof, but later ordered an inquiry and issued a criminal summons against the man and the wife, which a sessions court refused to cancel.
Judgment Date
9 October 2026
The Outcome
The court ruled in favour of the petitioner, allowing the writ petition and setting aside the lower court orders and criminal proceedings against him.
What the Court Looked At
- The court noted that the husband's complaint accused the petitioner of bigamy without mentioning any date, time, witnesses, or wedding rituals for a second marriage.
- The court observed that under Hindu law, a valid second marriage requires specific religious ceremonies like the saptapadi, which were never claimed or proved by the complainant.
- The court accepted that police verification forms, rent agreements, and cohabitation only prove that two people lived together, not that they underwent a valid marriage ceremony.
- The court found that the magistrate had wrongly issued criminal summons without any real evidence of a legal marriage.
"Cohabitation is not proof of a valid second marriage, that requisite marriage ceremonies must be strictly proved and that admission, representation or cohabitation as husband and wife does not amount to such proof."
What This Means For You
This case shows that renting a home together or filling out police verification forms with a partner does not legally constitute marriage. If you or someone you know is facing criminal charges simply based on living arrangements or gossip without actual proof of a crime, do not panic because the law requires concrete evidence, not mere suspicion. Setback Solutions is here to help you understand your options and coordinate your next steps with clarity and peace of mind.
You Still Have Options
If you are facing a false FIR or dealing with a stressful criminal case that feels completely groundless, remember that it is never the end of the road. You can still explore options like getting a second opinion, changing your legal strategy, or seeking non-judicial guidance to protect your future. Reach out to Setback Solutions today for help understanding your options and coordinating the next steps in your journey. *(Note: Setback Solutions is not a law firm, does not provide legal advice, and does not guarantee any specific outcome).*