A Delhi Court has ordered criminal proceedings against a woman who allegedly concealed material facts related to a previously settled divorce matter, including receipt of ₹10 lakh from her former husband. The Court emphasized that legal provisions aimed at protecting women must not be allowed to be misused and observed that such abuse should be curbed at the earliest stage.
As per the order dated April 25, Metropolitan Magistrate Anam Rais Khan noted that the complainant herself admitted that all disputes between the parties had been resolved before the Family Court (Southeast District) through mutual consent. The first motion for divorce was passed on November 22, 2022, after which the complainant received ₹10 lakh out of a total agreed settlement of ₹19 lakh.
Despite this, the court noted that the woman chose not to appear for the recording of her statement in the second motion of the mutual consent divorce, and later filed the current proceedings without disclosing the payment already made. It was observed that the husband had not defaulted and was willing to fulfill the remaining financial obligation.
The Court held that such concealment amounted to a prima facie breach of the undertakings made before the Family Court and constituted an abuse of the judicial process. The present complaint was filed after substantial payment had already been made, indicating mala fide intent and misuse of protective legal provisions.
Accordingly, the Magistrate directed the initiation of separate proceedings against the complainant under Section 340 and Section 195(1)(b) of the Code of Criminal Procedure, 1973. These provisions deal with offences affecting the administration of justice, particularly involving false evidence or fabricated documents in court proceedings.
The woman has been asked to file her response, and the matter is now listed for further hearing on June 30.
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