ORDER

1. The present petition has been filed seeking initiation of contempt proceedings against the respondent for the reason that the respondent has deliberately and willfully disobeyed his undertaking vis-à-vis the joint statement dated 26th October, 2023 duly recorded before the learned Family Court, Patiala House Courts, New Delhi, as well as affidavit dated 19th April, 2023 filed by the respondent before the learned Family Court in compliance with the judgment dated 15th

2. It is submitted that to resolve the pending matrimonial proceedings, the parties amicably entered into a settlement deed dated 19 May, 2018 passed by this Court in the case titled as Rajat Gupta Versus Rupali Gupta. th April, 2023. In furtherance of the same, the parties mutually agreed to file the First Motion being HMA No. 638/2023 under Section 13B(1) of the Hindu Marriage Act, 1955 (“HMA”).

3. Thus, it is submitted that the learned Family Court allowed the said petition vide judgment dated 26th October, 2023 relying upon the undertaking given in the joint statement dated 26th October, 2023 by both the parties.

4. It is submitted that the respondent despite receiving the Second Motion petition signed by the petitioner, has deliberately failed to cooperate in the filing of the same as mandated under Clause 6 of the Settlement Deed between the parties. The respondent has also not withdrawn the petition for Restitution of Conjugal Rights filed by him, in compliance of Clause 4 of the Settlement Deed, despite several requests and communications.

5. Hence, the present petition has been filed.

Issue notice to the respondent by all modes, returnable on 14th

6. March,

2024. MINI PUSHKARNA, J JANUARY 18, 2024 ak