A Delhi court has initiated criminal proceedings against a woman for allegedly concealing that she had received rs10 lakh as part of a divorce settlement. The case, heard by Judicial Magistrate Anam Rais Khan, stemmed from a criminal complaint filed by the woman herself. The court noted that any misuse of laws must be addressed firmly
A Delhi court initiates criminal proceedings in a divorce settlement case, stressing the need to curb misuse of women protection laws at the outset. File Photo.
A Delhi court has initiated criminal proceedings against a woman for allegedly concealing the fact that she had received Rs 10 lakh during her divorce settlement, reported the PTI.
The court observed that any misuse of laws meant for the protection of women must be curbed at the outset.
Judicial Magistrate Anam Rais Khan was hearing a criminal complaint filed by the woman herself.
According to PTI, in an order dated April 25, which was recently made available, the court stated that the complainant admitted all disputes between the parties had been settled before the family court of the southeast district. The first motion of divorce by mutual consent was passed on November 22, 2022, after which the complainant received Rs10 lakh out of the total settlement amount of Rs19 lakh.
The court further noted that the woman's estranged husband was willing to pay the remaining amount, but these crucial facts were concealed by the complainant in the current petition.
The woman also admitted to having already used the part-settlement amount of Rs10 lakh and had deliberately not appeared for the recording of her statement for the second motion of divorce by mutual consent before the family court, the court added.
It was observed that the woman benefited from the settlement without honouring its terms.
"In a nutshell," the court said, "the respondent (former husband), despite paying Rs10 lakh, remains in the same position, and the present case was filed after the amount was received."
According to PTI, the court found a prima facie violation of the family court’s order and the undertaking given by the woman under oath. It also observed an “attempt to deceive the present court” by filing the petition without disclosing the settlement.
This, the court said, amounts to filing a false affidavit by actively concealing material facts, representing a clear abuse of legal process and a misuse of provisions intended for the protection of women. The court emphasised that such conduct should not go unchecked and must be addressed promptly.
Accordingly, the court directed that separate proceedings be initiated against the woman under Sections 340 and 195(1)(b) of the Criminal Procedure Code (CrPC) and sought her response.
Section 195(1)(b) deals with offences related to public justice and forged documents used in court, while Section 340 outlines the procedure for initiating an inquiry into such offences.
The court has posted the matter for further hearing on June 30.
(With inputs from PTI)
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
