Delhi court initiates action against woman for hiding facts over divorce

A Delhi court has initiated criminal proceedings against a woman for allegedly concealing the fact that she received Rs 10 lakh during her divorce settlement and said any misuse of the law meant for women's protection had to be nipped in the bud.

Judicial Magistrate Anam Rais Khan was hearing a criminal complaint case filed by the woman.

In an order dated April 25, made available recently, the court said, ''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 Rs 10 lakh, out of the total settlement amount of Rs 19 lakh…'' The estranged husband was willing to pay the outstanding amount, but these crucial facts were concealed by the complainant in the present petition, it noted.

''Complainant has also admitted to having already utilised the part-settlement amount of Rs 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 court said.

The woman, the court said, derived benefit from the settlement with the estranged husband without honouring the terms of the settlement.

''In a nutshell, respondent 1 (former husband), despite paying Rs 10 lakh, is standing on the same footing, and the present case was filed after receiving the said amount,'' the order said.

The verdict found a prima facie violation of the family court's order and the undertaking given by the woman on oath to the family court aside from an ''attempt to deceive the present court'' by filing the petition without mentioning the settlement arrived at.

''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 said.

Directing that separate proceedings be initiated against her under Code of Criminal Procedure (CrPC) Sections 340 and 195 (1) (b), the court sought her response.

Section 195(1)(b) of the CrPC deals with offences against public justice and offences relating to documents produced in court whereas Section 340 outlines the procedure when a court believes that an inquiry should be made into an offence related to proceedings in that court.

The court then posted the matter on June 30.

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