MANMOHAN
RAJAT GUPTA – Appellant
Versus
RUPALI GUPTA – Respondent
MANMOHAN, J.
1. Present batch of contempt petitions has been filed alleging wilful disobedience of undertakings given by a spouse to appear, sign and file both the 13B(1) petition and 13B(2) motion of the Hindu Marriage Act, 1955 (hereinafter referred to as "Act, 1955"). These undertakings have been accepted by a Court either at Section 13B(1) stage or incorporated in a consensual decree. In all cases except Cont.Cas(C) Nos.1147/2016 and 1251/2016 the undertakings are against consideration.
2. Mr. Prashant Mendiratta, learned counsel for Mr. Rajat Gupta and Ms. Pooja Sharma states that the Contempt of Courts Act, 1971 defines civil contempt to be a wilful breach of undertaking given to a Court or order of a Court. He submits that undertakings given to Courts and orders passed by Courts are to be complied with in all circumstances.
3. According to him, the consent for mutual divorce by way of joint petition under Section 13B of the Act, 1955 cannot be withdrawn by a party for mala fide and extraneous reasons. In support of his submission, he relies upon a judgment of the Bombay High Court in Rajesh Pratap Sainani Vs. Mrs. Bhavna, 2008 SCC OnLine Bom 800 wherein it has been he
Kapildeo Prasad Sah v. State of Bihar
Lord Diplock in Attorney General v. Times Nexvspapers Ltd.
Smt. Sureshta Devi v. Om Prakash
Shri Lachoo Mal Vs. Shri Radhey Shyam
Krishna Bahadur Vs. Purna Theatre & Ors.
Sushil Kumar v. Rakesh Kumar (2003) 8 SCC 673
Laxminarayan R. Bhattad v. State of Maharashtra (2003) 5 SCC 413
Principal Judge, Family Court, Nagpur Vs. Nil
Motilal Padampat Sugar Mills Co. Ltd. Vs. State of Uttar Pradesh & Ors.
Afcons Infrastructure Ltd. & Anr. Vs. Cherian Varkey Construction Co. (P) Ltd. & Ors.
Smt. Suresta Devi Vs. Om Prakash
Hitesh Bhatnagar Vs. Deepa Bhatnagar
Sant Lal Gupta and Others Vs. Modern Cooperative Group Housing Society Limited and Others
Tribhovandas Purshottamdas Thakkar v. Ratilal Motilal Patel
Sub-Committee of Judicial Accountability v. Union of India
State of Tripura v. Tripura Bar Assn. (1998) 5 SCC 637 : 1998 SCC (L&S) 1426
Rajasthan Public Service Commission v. Harish Kumar Purohit (2003) 5 SCC 480 : 2003 SCC (L&S) 703
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.