Friday, November 19, 2010

Delhi HC orders contempt case against father of girl for resiling from mutual consent divorce agreement of daughter after extorting the agreed amount

The Delhi High Court has initiated contempt proceedings against the father of a Germany-based woman for backing out from a mutual consent divorce agreement in exchange of Rs 12 lakh. In March 2010, the woman had moved the Delhi High Court against her husband, charging him with domestic violence.

Her Delhi-based father filed a case of domestic violence and dowry demand against his bed-ridden daughter's husband.

Later, she agreed for a mutual-consent divorce for Rs 12 lakh.

Sunny and Sheila (names changed) married in 2002 in Delhi. During her stay in Germany, Sheila developed multiple sclerosis.

In 2008, she filed cases in Germany against her husband.

At present, the couple lives separately in Germany.

Prabhjit Jauhar, counsel for Sunny, in his petition said: "Sheila registered false complainants with the German court. Later German investigative authorities found that those complaints were false."

Jauhar told the court that Sheila was not summoned, as the German court noted she was suffering from an acute disease.

In March 2010, Sheila, through her father, informed the Delhi High Court's Mediation Conciliation Centre, that a divorce by mutual consent should be agreed upon for a sum of R12 lakh. She also gave her consent to quash the FIR against her husband.

However on November 1, Sheila's father said he was not willing to comply with the terms of agreement signed in March.

"It is a clear breach of undertaking given to the court and amounts to contempt," Jauhar submitted in court.

Justice GS Sistani said: "Respondent (father of the woman) has willfully violated the terms of settlement agreed upon. Issue notice to show cause, as to why contempt proceedings should be not initiated."

Sunny, in his petition, alleged that he has already deposited R12 lakh with the registry department of the High Court in March 2010.

The court has directed Sheila's father to be personally present in court on the next date of hearing.

Woman to face trial for lodging false rape case – PERJURY : Delhi high court

The Delhi high court today refused to quash a false criminal case of rape lodged by a Delhi police woman employee against a man to ensure that she faces prosecution later for falsely implicating him.

"If a prosecutrix makes false statement of an offence punishable with minimum period of 7 years imprisonment, she must be made to face the consequence of registering a false FIR against an innocent person," said Justice Shiv Narayan Dhingra, dismissing a petition by a Delhi-based property dealer Karan for quashing of the FIR against him.

Justice Dhingra dismissed the petition despite his plea that the woman has admitted to making false accusations against him early this year and they have reached an out-of-court settlement of the issue.

"I consider that an offence under section 376 of the Indian Penal Code being punishable with minimum sentence of seven years cannot be looked at so lightly," Justice Dhingra said.

"The prosecutrix cannot be allowed to turn around and say that she made a false statement and that now she has compromised the matter," he added, refusing to quash the FIR, and leaving it to the trial court to acquit the man and initiate prosecution against the woman instead on charges of perjury.

"The court cannot allow quashing of such FIR when neither the prosecutrix is being punished for making false statement nor the accused is brought to book for the offence of rape," he said.