Delhi court acts against woman for hiding facts over divorce settlement: 'Nipped in the bud'
A Delhi court on Monday reportedly initiated criminal proceedings against a woman for allegedly concealing the fact that she received ₹10 lakh during her divorce settlement.
The court said that any misuse of the law meant for women's protection had to be 'nipped in the bud,' according to a PTI news agency report.
"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…," judicial magistrate Anam Rais Khan, who was hearing the case said on April 25, as quoted by PTI.
The husband was willing to pay the outstanding amount, but these crucial facts were concealed by the complainant in the present petition, the order added.
The court said, 'Complainant deliberately did not appear for recording of her statement for the second motion of divorce by mutual consent before the family court.'
It further added that the former husband despite paying ₹10 lakh, is standing on the same footing, and the present case was filed after receiving the said amount.
There was a prima facie violation of the family court's order and the undertaking given on oath to the family court too. The court called this a sheer abuse of process of law and misuse of provisions enacted for the protection of women.
It sought the woman's response after directing separate proceedings against her under Code of Criminal Procedure (CrPC) Sections 340 and 195 (1) (b). The next hearing is scheduled on June 30.
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.
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