Point of Law: Section 13-B of Hindu Marriage Act, 1955 reads as divorce by mutual consent.

Headnote:
Family Courts Act, 1984 - Section 19 - Hindu Marriage Act, 1955 - Section 13-B - Contempt of Courts Act, 1971 - Section 2(b), 12 - Order of maintenance - Deliberately and willfully violating undertaking - Petitioner aggrieved against order of maintenance passed against him - Petitioner has also not made any averment to effect that respondent has refused to return amount or that she has resiled from her promise for any mala-fide reasons.
Findings of the Court:
Right of respondent to withdraw her consent for mutual divorce being her absolute and indefeasible right, direction issued by Division Bench of Court to parties to abide by terms of settlement cannot be construed to obliterate or negate such right - It can be noticed that money deposited by petitioner in account of respondent was a voluntary act - There was nothing in negotiated settlement between parties that deposit of half of agreed amount would be paid in advance, rather mediation report reveals that such amount was to be paid by petitioner to respondent at time of filing of petition under section 13-B of Act - It was petitioner who could not take steps for filing petition under section 13-B of Act within reasonable time of deposit of amount in account of respondent - Respondent had insisted upon petitioner to deposit amount in her account as pre-condition - Petitioner has also not made any averment to effect that respondent has refused to return amount or that she has resiled from her promise for any mala-fide reasons.
Result: Petition dismissed.

JUDGMENT :

SATYEN VAIDYA, J.

1. Heard.

2. Petitioner was appellant before this Court in FAO(FC) No. 04 of 2022.He had assailed judgment dated 01.01.2022, passed by learned Principal Judge, Family Court, Chamba, District Chamba, H.P. in case No. 77/2019 by filing an appeal under Section 19 of the Family Courts Act, 1984. Petitioner was aggrieved against the order of maintenance passed against him by learned Principal Judge, Family Court, Chamba, District Chamba H.P.

3. During the pendency of FAO No. 04 of 2022 and at the request of learned counsel for the parties a Division Bench of this Court appointed Sh. S. S. Sandhu, Advocate, District Court Chamba, District Chamba, H.P. as Mediator. He was requested to make an endeavor for an amicable resolution to the dispute. The Mediator, vide his report dated 14.05.2022 reported the mediation as successful. As per such report, the parties had arrived at an amicable settlement. Respondent herein had agreed to get her marriage with petitioner dissolved by filing petition under Section 13-B of the Hindu Marriage Act, 1955 (for short “The Act”) and had also agreed to receive Rs. 15,00,000/- towards permanent alimony. Accordingly on 23.05.2022, FAO No. 04/2022 came to be disposed of by the Division Bench in following terms:

“1. Learned counsel for the appellant has submitted that parties have amicably settled their dispute before the Mediator. Learned counsel has placed on record mediation report and statements of the parties recorded before the Mediator, which are taken on record and marked as Annexure C-1, C-2 and C-3, respectively.

2. Learned counsel for the respondents has admitted the factum of compromise between the parties.

3. Learned counsel for the appellant has further submitted that in view of the compromise effected between the parties, he may be permitted to withdraw the appeal.

4. Ordered accordingly. Parties will remain bound by the terms of the compromise.”

4. By way of instant petition, petitioner has made a prayer to prosecute and punish the respondent under Contempt of Courts Act, for deliberately and willfully violating the undertaking given by her on 14.05.2022 before the Mediator. It is alleged that in pursuance to successful culmination of mediation proceedings, petitioner deposited a sum of Rs. 8,00,000/- in the account of respondent on 26.10.2022. He could not thereafter immediately come forward for taking steps to file a petition under Section 13-B of the Act, as he was in remote area of Tehsil Pangi, District Chamba, H.P. which remained out of bounds due to winters and when in April 2022, respondent was approached to fulfill her commitment under negotiated mediation, she refused to sign the petition for being filed before the Court.

5. Keeping in view the facts of the case, learned counsel for the petitioner was heard on the maintainability of the petition. He contended that respondent was in contempt of the orders passed by a Division Bench of this Court, whereby parties were directed to abide by the terms of settlement arrived at between the parties before learned Mediator. It was further submitted that the mediation was continuation of the legal process and violation of an undertaking given before the Mediator amounted to undertaking given before the Court. Strong reliance was placed on a judgment passed by a Division Bench of High Court of Delhi, dated 15.05.2018 in reference in Contempt Case (C) No. 772 of 2013 alongwith other connected matters.

6. Admittedly, parties in FAO No. 04.2022 were referred to mediation by a Division Bench of this Court. During mediation proceedings, learned Mediator recorded a statement of respondent to the effect that she would file a petition under Section 13-B of the Hindu Marriage Act and also accept Rs. 15,00,000/- towards permanent alimony. FAO No. 04 of 2022 was accordingly disposed of and parties were directed to remain bound by the terms of the compromise.

7. Section 13-B of the Hindu Marriage Act, 1955, reads as under:

“13B. Divorce b

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