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 despite having received ₹10 lakh — half of the mutually agreed divorce settlement.
Judge Anam Rais Khan remarked that such actions must not go unchecked and need to be curbed at the outset.
The court noted that the woman accepted the settlement amount but failed to comply fully with the terms 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 go unchecked and should be curbed at the earliest stage.
Accordingly, it directed 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 passed on November 22, 2022. As per the settlement, the woman was to receive a total of ₹19 lakh.
The woman had already received ₹10 lakh as the initial payment, and the husband had expressed willingness to pay the remaining amount.
Judge Khan observed that all disputes had been resolved before the family court, but this key fact was deliberately concealed by the woman when filing the criminal case.
The court further noted that she admitted to using the ₹10 lakh received and intentionally evaded appearing before the family court to record her statement for the second motion of mutual consent divorce.
The Court was also informed that a contempt petition filed by the husband is pending before the Delhi High Court, where the woman has admitted to 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 matter is scheduled to be heard on June 30.