2025 Supreme(Online)(Del) 10314
IN THE HIGH COURT OF DELHI AT NEW DELHI
ASHA SAINI VS. SH ASHWANI KUMAR COMMISSIONER MCD AND OTHERS
CONT.CAS(C) 1829/2025
$~221 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1829/2025 & CM APPL. 75438/2025 Direction AJANEESH KUMAR .....Petitioner Through: Mr. M. Dutta, Sr. Adv. with Mr.
Sumeher Bajaj, Mr. Bharat Arora, Mr. Gourav Arora, Mr. Lakshay Raheja, Ms. Himangi Arora, Mr. Aditya G., Mr. Akhand K., Advs.
versus BOBBY LUTHRA SINHA .....Respondent Through: Appearance not given.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 01.12.2025
1. This hearing has been done through hybrid mode.
2. The present petition under Sections 2(B), 10 and 12 of the Contempt of Courts Act, 1971 seeks the following prayers: -
“i. Initiate contempt proceedings against Respondent for continuous willful violation and deliberate disobedience/ non- compliance of the Order dated 16.08.2023 passed by this Hon'ble High Court in Contempt Case (C) No. 483 of 2022 in the matter titled "Ajaneesh Kumar Vs. Bobby Luthra Sinha";
ii. Initiate contempt proceedings against Respondent for continuous willful violation and deliberate disobedience/ non-compliance of the statement dated 13.09.2023 before the Learned Family Judge, Patiala House III Petition for first motion (RMA No. 897 of 2023); iii. Prosecute and punish the Contemnor for committing contempt of the Orders of this Hon'ble Court; IV. Direct the Contemnor/Respondent to appear and record her statement of second motion before the Ld. Family Judge, Patiala House Courts, New Delhi, as per the directions of the Hon'ble High Court of Delhi passed vide Order dated 16.08.2023 in Contempt Case (C) No. 483 of 2022 in the matter titled "Ajaneesh Kumar Vs. Bobby Luthra Sinha";
v. In the alternate, direct the Respondent/Wife to return the monies and other consideration received by her in terms of the MOU dated 20.10.2018 as well as in terms of the orders passed in Writ Proceedings and Contempt Case before this Hon'ble Court;
vI. Pass any such further orders/directions as it may deem fit and proper, in the facts and circumstances of this case.”
3. Learned Senior Counsel appearing on behalf of the petitioner draws the attention of this Court to an order dated 16.08.2023, whereby learned Single Judge of this Court while disposing of the CONT.CAS(C) 483/2022 had observed as under: -
“3. After consultation between the learned counsels for the petitioner and respondent, the parties have arrived at a settlement as under:-
i. The petitioner shall pay the education expenses of the son of the parties who is a person with special needs.
ii. The parties have estimated that the amount involved would be Rs. 80 lacs payable over a period of 2 years. Rs. 5 lacs have already been paid by the petitioner and the balance Rs. 75 lacs will be paid to the University and the son in accordance with the respective requirements.
iii. In addition the petitioner shall continue to pay the expenses towards education and education fees of their daughter, Ms.
Tanisha Singh.
4. It is agreed that the parties along with their counsels shall meet on 17.08.2023 at the office of Ms. Gayatri Puri at 5:00 PM.
5. Since considerable period time has elapsed, the parties shall file a fresh First Motion on 21.08.2023. The Family Court is requested to kindly expedite the recording and passing of the order as the petitioner will only execute the documents after the Second Motion.
6. Immediately after the First Motion, the parties shall, along with an application for condoning the statutory period, file the Second Motion and the parties shall appear before the Family Court.
7. The Family Court shall not grant the final decree of divorce till the petitioner executes the duly registered gift deed transferring his 50 per cent undivided share in Flat no. 701, Tower 6, Parsavnath Prestige II, Sector-93 A, Noida in favour of the 2 children
8. The balance amount of Rs. 26 lacs out of the first settlement dated 20.10.2018 shall be paid on the day the respondent records her Second Motion. This amount is over and above Rs. 75 lakhs mentioned in Clause (i) above.
9. The respondent shall take immediate