The Delhi High Court issued
the contempt of court to the women for breaching her undertaking to a family
Court to divorce her husband with mutual consent.
A contempt petition was
filed under the provisions of the Contempt of Courts Act, 1971 by the
petitioner (husband) to take action against the respondent (wife) for
withdrawing from her undertaking given the Court, at the time of filing of the
petition for mutual divorce, in the matrimonial Court.
The parties negotiated
between themselves and with the intervention of the family friends, both
arrived at a Memorandum of Understanding (MOU). They agreed to seek divorce by
mutual consent. The petitioner (husband) paid a lumpsum of rupees Seven Crores
to the respondent (wife), as a one time settlement in lieu of all the claims of
the wife towards maintenance, alimony, istridhan, jewellery etc. The husband
agreed to pay Rupees One crore Fifty Lakhs at the time of filing of the divorce
petition to seek divorce by mutual consent and the balance amount was to be
paid at the time of filing of the second motion. The wife also agreed to make a
statement before the court in support of the divorce petition.
The petitioner (husband)
said that his wife did not come forward to make a statement before the
matrimonial Court on the second motion to obtain a divorce.
The Delhi High Court in Avneesh Sood Vs Tithi Sood held:
“I, therefore, hold the
respondent guilty of contempt of Court as she has breached her undertaking
given to the learned ADJ-01, New Delhi on 14.09.2010 in the first motion
divorce proceedings under section 13-B of the Hindu Marriage Act. The agreement
arrived at between the parties not only deals with the aspect of divorce, to be
obtained by mutual consent, but also deals with the aspect of
custody/visitation rights of the minor child. Admittedly, the respondent has
breached the said arrangement……”
The Court issued the
contempt notice to the wife and was subjected to costs which was quantified at
Rupees One Lakhs to be paid to the petitioner (husband).
Prepared
by: S. Hemanth
Advocate
at Hemanth & Associates
