A Delhi court has initiated criminal proceedings against a woman for allegedly concealing the receipt of ₹10 lakh as part of a divorce settlement, observing that misuse of laws intended for women’s protection must be curbed at the earliest stage.
The action came in response to a complaint case filed by the woman herself. In its order dated April 25, which was made public recently, the court noted that the complainant admitted that all disputes with her estranged husband were previously settled before the family court of southeast district. The first motion for divorce by mutual consent had been passed on November 22, 2022.
“Complainant has admitted that all the disputes between the parties were already settled before the family court of southeast district and the first motion of divorce by mutual consent was passed on November 22, 2022, pursuant to which, the complainant received a sum of ₹10 lakh, out of the total settlement amount of ₹19 lakh,” the court recorded.
The court further noted that while the estranged husband was ready to pay the remaining amount, these material facts were not disclosed by the woman in her present petition. “Complainant has also admitted to having already utilised the part-settlement amount of ₹10 lakh and deliberately did not appear for recording of her statement for the second motion of divorce by mutual consent before the family court,” the order stated.
According to the court, the woman derived financial benefit from the settlement but failed to comply with its terms. “In a nutshell, respondent 1, despite paying ₹10 lakh, is standing on the same footing, and the present case was filed after receiving the said amount,” the court observed.
The court held that the woman’s conduct constituted a prima facie violation of the family court’s order and her sworn undertaking. It said her act amounted to “an attempt to deceive the present court” by filing a petition that deliberately concealed the settlement terms.
“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. Such conduct cannot be left unchecked and has to be nipped in the bud,” the court strongly remarked.
Invoking Sections 340 and 195 of the Code of Criminal Procedure (CrPC), the court directed that separate proceedings be initiated against the woman and sought her response. Section 195 deals with offences related to public justice and forged documents produced in court, while Section 340 outlines the procedure for initiating inquiries in such cases.
The matter is now posted for further hearing on June 30.
