Such conduct cannot be left unchecked and has to be nipped in the bud, the Court said.
A Delhi court has initiated suo motu proceedings against a woman who lodged a criminal case against her estranged husband after receiving ₹10 lakh — half of the mutually agreed divorce settlement.
Judge Anam Rais Khan observed that such conduct should not be overlooked and must be addressed promptly.
The court further noted that while the woman accepted the settlement amount, she did not fully adhere to the terms laid down by the family court.
“This is prima facie not only the violation of order of Ld. Family Court and the undertaking given by the complainant on oath before the said court but also an attempt to deceive this court by filing the present petition without making any mention of the settlement arrived at between the parties and benefit derived by her under the said settlement. This also amounts to filing of false affidavit before this court by active concealment of material facts and is a sheer abuse of process of law and misuse of provisions enacted for the protection of women.”
The court stressed that such conduct must not be allowed to continue unchecked and should be restrained at the earliest possible stage.
Consequently, it ordered the commencement of separate proceedings against the complainant woman under Sections 340 and 195(1)(b) of the Code of Criminal Procedure (CrPC).
The couple had mutually agreed to divorce, with the first motion order issued on November 22, 2022. According to the settlement, the woman was entitled to receive a total of ₹19 lakh.
The woman had already received ₹10 lakh as the initial installment, with the husband willing to pay the balance. Judge Khan noted that all disputes had been settled before the family court, a crucial fact the woman deliberately withheld when filing the criminal complaint.
The court also observed that she acknowledged utilizing the ₹10 lakh and deliberately avoided appearing before the family court to give her statement for the second motion of the mutual consent divorce.
The court was also informed that a contempt petition filed by the husband is currently pending before the Delhi High Court, where the woman has acknowledged receipt of the settlement amount.
In view of this, the court initiated separate proceedings against her and ordered her to submit a response by the next hearing.
The case is scheduled for further hearing on June 30.
