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04.01.2024

CM APPL. 277/2024 (Exemption)

1.

Allowed, subject to just exceptions.

2.

The application stands disposed of.

CM APPL. 278/2024

3.

This is an application on behalf of the petitioner for seeking necessary

directions for relying on the documents, which are otherwise not properly

legible.

4.

The petitioner is directed to file typed copies of the illegible

documents within a period of four weeks. With the aforesaid direction, the

present application is disposed of.

CM APPL. 279/2024

5.

This is an application under Section 151 of Code of Civil Procedure,

1908 (“CPC”) on behalf of the petitioner for condoning delay of 42 days in

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re-filing of the present petition.

6.

Considering the submissions made in the present application, the

delay of 42 days in re-filing the present petition is condoned. The

application is disposed of.

CONT.CAS(C) 11/2024

7.

The present contempt petition has been filed against the respondent on

the ground that the respondent failed to appear before the learned Family

Court for recording of the statement under Section 13B (2) of the Hindu

Marriage Act, 1955 (“HMA”). It is the contention on behalf of the petitioner

that instead the respondent had concocted a false story through her previous

lawyer and that too without his vakalatnama that the respondent was stuck in

a traffic jam. Consequently, the learned Family court had rescheduled the

said date of hearing for 19^th August, 2023.

8.

It is submitted that even on 19^th August, 2023, once again the previous

counsel for the respondent had appeared before the learned Family Court

and this time informed the Court that the respondent had not come and she

does not want to proceed with the second motion of proceedings.

9.

Learned counsel for the petitioner submits that this is despite of the

fact that there is a Memorandum of Understanding (“MOU”) dated 3^rd May,

2023 entered between the parties, wherein they had agreed for divorce by

mutual consent.

10.

Learned counsel for the petitioner relies upon the judgment dated 15^th

May, 2018 in the case of Rajat Gupta Versus Rupali Gupta, in CONT.

CAS(C) 772/2013 in order to contend that in a case where pursuant to a

settlement agreement, a party reneges from the decision of taking divorce by

mutual consent under Section 13 B (2) of the HMA, contempt proceedings

This is a digitally signed order.

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against such party can be initiated.

11.

Issue notice to the respondent by all modes returnable on 29^th

February, 2024.

MINI PUSHKARNA, J

JANUARY 4, 2024

ak

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 06/01/2024 at 20:03:12