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CHANDRA DHARI SINGH
Vineeta Daulet Singh – Appellant
Versus
Bikkrama Daulet Singh – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The instant petition under Sections 12 and 14 of the Contempt of Courts Act, 1971 (hereinafter "the Contempt Act") has been filed on behalf of the petitioner seeking the following reliefs:
"a. Initiate contempt proceedings under the Contempt of Courts Act, 1971 against the Respondent/Contemnor;
b. Punish the Respondent/Contemnor for the wilful disobedience of the Order dated 29.11.2021 passed by this Hon`ble Court in MAT App. (FC) No. 102 of 2021;
c. Pass any such other/further orders as this Hon`ble Court may deem fit and appropriate in the facts and circumstances of the present case."
2. The record before this Court reveals that the marriage between the parties was solemnised on 2nd January 2013, and out of the wedlock two children were born, a daughter and a son. However, subsequently the parties started to live separately since 7th October 2020 due to temperamental issues between them. During the time that the parties were separated, several litigations were initiated between them, which included the following:
a. Petition by the respondent for Permanent Custody and Guardianship, bearing GP No. 23/2020, before the Family Court, Patiala House
The withdrawal of consent for the second motion of divorce by either party cannot be considered as contempt of court, and the reconciliatory approach of the Family Courts in matrimonial matters was e....
The central legal point established in the judgment is the distinction between the provisions of Section 15 and Section 21B(3) of the Hindu Marriage Act, and their implications on the obligation to r....
The main legal point established in the judgment is that wilful disobedience of court orders, especially in the context of remarriage during the pendency of an appeal, requires evidence of the party'....
Section 13-B of Hindu Marriage Act, 1955 reads as divorce by mutual consent.
Willful breach of an undertaking given to a Court amounts to Contempt of Court under Section 2(b) of the Contempt of Courts Act, 1971.
Point of law: Mutual divorce – Waiving of six month periods - it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of part....
Divorce by Mutual Consent – Direction by Court to parties to abide by terms of settlement cannot not be assigned a meaning in derogation of statutory right available to party to marriage to withdraw ....
The court emphasized that contempt proceedings should only be initiated when there is a clear case of wilful disobedience of a court's order and that the respondents followed due process to extend cr....
The main legal point established in the judgment is that mutual consent for divorce must continue until the decree is passed, and the court must be satisfied about the existence of mutual consent bet....
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