CONTEMPT OF COURT AGAINST A WOMAN FOR BREACHING UNDERTAKING TO DIVORCE

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