JUDGMENT (Oral)

1. The Appeal under Section 19 of the Family Courts Act, 1971 has been preferred by the appellant-husband against the Order dated 30.01.2023 whereby the learned Judge, Family Courts has dismissed the Contempt Petition against the respondent-wife for not having abided by the Memorandum of Understanding (MoU) dated 28.09.2020 whereby the parties had agreed to take divorce by Mutual Consent.

2. The parties got married according to Sikh rites and customs on 19.11.2017 and one daughter was born from their wedlock. However, on account of marital discord, both the parties decided to dissolve their marriage by way of Mutual Consent. They executed an MoU dated 28.09.2020 pursuant to which, the petition for Divorce under Section 13(B)(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as the `Act, 1955') was preferred. The petition for first motion under Section 13(B) of the Act, 1955 was allowed vide Order dated 18.12.2020. However, the respondent-wife did not come forth to file the petition for second motion of divorce and consequently, the appellant-husband preferred the Contempt Petition for initiating the Contempt against the respondent-wife.

3. The ground for init