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 filed a criminal case against her estranged husband after receiving ₹10 lakh, which was half of their mutually agreed divorce settlement.
Judge Anam Rais Khan remarked that such behavior cannot be ignored and requires immediate attention.
The court also noted that although the woman accepted the settlement amount, she did not fully comply with the conditions set 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 emphasized that such behavior must not be permitted to persist unchecked and should be curbed at the earliest opportunity.
As a result, it directed the initiation 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. Under the settlement, the woman was entitled to receive a total of ₹19 lakh.
The woman had already received ₹10 lakh as the first installment, with the husband ready to pay the remaining amount. Judge Khan pointed out that all disputes had been resolved in the family court, a key fact that the woman intentionally omitted when lodging the criminal complaint.
The court further noted that the woman admitted to having used the ₹10 lakh and intentionally avoided appearing before the family court to provide her statement for the second motion of the mutual consent divorce.
It was also informed that a contempt petition filed by the husband is currently pending before the Delhi High Court, where the woman has confirmed receiving the settlement amount.
In light of this, the court initiated separate proceedings against her and directed her to submit a response by the next hearing. The case is set for further hearing on June 30.
