The Supreme Court on 3 November 2026 refused to quash a husband’s bigamy prosecution based on a British divorce decree, while clearing his parents and second wife.
Judge / Bench — Prashant Kumar Mishra and Shree Chandrashekhar, JJ.; judgment by Prashant Kumar Mishra, J.
In Criminal Appeals 5187–5189/2026 (2026 INSC 1191), the Court held that the foreign decree did not automatically dissolve the subsisting Indian marriage. A later nationality change did not defeat its legal consequences. However, criminal liability required individual evidence of knowing participation; relationship or cohabitation alone did not establish conspiracy. The husband’s case must proceed without treating these preliminary findings as a final merits determination.
Advocates appearing — Appellants, respondent State and first wife: Not named in the judgment.