Perjury: Delhi Court Accepts Unconditional Apology Of Woman Who Concealed Receipt Of ₹10 Lakh From Husband In Divorce Case

A Delhi Court recently accepted unconditional apology of a woman who faced perjury proceedings for concealing facts in a divorce proceedings, after the matter was settled with the husband.

Judicial Magistrate First Class Anam Rais Khan disposed of as settled the woman's complaint case under the Domestic Violence Act against the husband filed in 2023.

Earlier, the judge had initiated criminal proceedings against the wife for allegedly concealing the fact that she had received Rs. 10 lakh during the divorce settlement, saying that any misuse of law meant for women's protection had to be nipped in the bud.

While the woman admitted that all the disputes were already settled before the family court and the first motion of divorce by mutual consent was passed on November 22, 2022, pursuant to which she received Rs. 10 lakh, out of the total settlement amount of Rs. 19 lakh, she did not appear for recording of her statement for the second motion of divorce by mutual consent before the family court.

It was noted that the estranged husband was willing to pay the outstanding amount, but crucial facts were concealed by the complainant in her plea.

On August 04, the woman tendered unconditional apology for her conduct of not disclosing the part settlement amount of Rs. 10 lakh having been received by her from the husband, and undertook not to repeat such conduct in future.

The parties jointly submitted that all the disputes between them had been settled for a full and final settlement amount of Rs. 21 lakh, out of which, the wife had already received Rs. 10 lakhs in terms of the mediation settlement which she utilized in purchasing an immovable property.

Further, the judge was informed that the woman wished to withdraw the domestic violence case and had no objection, if the same is disposed of as settled.

Disposing of the complaint case, the Court said that after quashing of the FIR against the husband before the Delhi High Court, the complainant wife shall be at liberty to move appropriate application for dropping of proceedings initiated against her.

It was also agreed that pursuant to the quashing of the FIR, the husband shall withdraw the contempt case filed against the wife which was pending before Delhi High Court.

The wife also undertook to cooperate with husband in filing of petition for quashing of the FIR after decree of divorce by mutual consent is passed.

“It is hereby directed that appropriate proceedings as per law including proceedings under the Contempt of Courts Act, 1971 may be initiated for non compliance of present undertaking and the terms of settlement,” the Court said.

“Separate statement of the complainant has been recorded to this effect. Same is perused and found satisfactory. In view of the statement of the complainant, the present case stands disposed of as settled,” the judge added.