Woman hides divorce settlement, court acts
New Delhi: A Delhi court recently initiated suo motu proceedings against a woman for filing a criminal case against her estranged husband despite receiving half of the agreed-upon settlement under the divorce proceedings.
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The court of Judicial Magistrate First Class Anam Rais Khan of Mahila Courts in Saket courts observed that such conduct cannot be left unchecked and has to be nipped in the bud.
"This is prima facie not only the violation of the order of the learned 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 the benefit derived by her under the said settlement.
This also amounts to the filing of a false affidavit before this court by active concealment of material facts and is a sheer abuse of the process of law and misuse of provisions enacted for the protection of women," the judge said.
The court will hear the matter next on June 30.
The court noted that she accepted 10 lakh as part of the settlement and benefited from it without fully complying with the terms agreed upon by the family court.
Therefore, it ordered that separate proceedings under sections 340 (inquiry by court) read with 195(1)(b) (power of court to take cognizance) of the CrPC be initiated against the complainant-woman.
The couple filed for divorce through mutual consent, and an order was passed on the first motion on Nov 22, 2022. Under the settlement, the woman was to receive a total of 19 lakh. She was paid 10 lakh initially, and the husband said he would pay the rest of the amount as well.
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