Woman files criminal case against estranged husband after spending half of divorce settlement; Delhi court intervenes

A Delhi court recently initiated suo motu proceedings against a woman for filing a criminal case against her estranged husband despite having received half of the agreed-upon settlement under the divorce proceedings. .Judge Anam Rais Khan observed that such conduct cannot be left unchecked and has to be nipped in the bud.It noted that she had accepted ₹10 lakh as part of the settlement and benefited from it without fully complying with the terms agreed upon 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."Such conduct cannot be left unchecked and has to be nipped in the bud, the Court added. Therefore, it ordered that separate proceedings under Sections 340 (inquiry by court) read with 195(1)(b) (power of court to take cognisance) of the Code of Criminal Procedure (CrPC) be initiated against the complainant-woman..The couple had filed for divorce through mutual consent and an order was passed on the first motion on November 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. Judge Khan found that all the disputes between the two sides were settled before the family court but this crucial fact was concealed when she filed the criminal case against her husband. She also admitted to having utilised the ₹10 lakh already received and deliberately avoided appearing before the family court for recording her statement for the second motion of divorce by mutual consent, it noted.It was further brought to the court’s notice that a contempt petition filed by the husband was pending before the Delhi High Court, where the complainant has acknowledged receiving the settlement amount..Taking this into consideration, the Court initiated separate proceedings against the woman and directed her to file a reply on the next date of hearing.The Court will hear the matter next on June 30..Advocate Manoj Kumar appeared for the complainant.Advocate Girdhari Singh represented the respondent.