Wife sentenced to One Month Jail for violating Terms and Conditions of Divorce Settlement executed by her- Delhi High Court

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 01st June, 2023

Date of Decision: 9th August 2023

ANURAG GOEL                                                                                                                                                                                                                                  ..... Petitioner

Through: Mr. Prabhjit Jauhar, Ms. Rosemary

Raju, Ms. Gauri Rajput, Ms. Ajunee

Singh, Advocates with Petitioner in person.

versus

CHHAVI AGARWAL                                                                                                                                                                                                                     ..... Respondent

Through: Ms. Zeba Khair with Ms.Nikita Jain,

Advocates along with Respondent in person.

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

J U D G M E N T

MANMEET PRITAM SINGH ARORA, J:

1. This contempt petition has been filed by the Petitioner, husband, being aggrieved by the wilful non-compliance by the Respondent, wife, of the terms and conditions mutually agreed between the parties under the settlement agreement dated 01.09.2022 (‘settlement agreement’) and the affidavit of undertaking dated 03.09.2022, filed before the Family Court, Saket Courts, New Delhi (‘Family Court’) in HMA No. 669/2022.

2. Brief facts leading to the filing of the present petition are as under: -

2.1. The marriage between the parties was solemnized on 25.07.2015, however, due to the temperamental differences; the parties started living separately since 06.04.2017. The parties have instituted legal proceedings against each other and their family members in Courts at Delhi and Bombay, and as on date there are as many as twenty (20) legal proceedings pending between the parties in different forums all arising out of their separation in marriage.

2.2. In these circumstances, the parties mutually agreed that there is no likelihood of reconciliation between them and with the intervention of the Family Court at Delhi; the parties were referred to mediation. The parties under the aegis of the Principal Counsellor appointed by the Family Court arrived at an amicable settlement of all their disputes and differences with respect to each of the aforesaid twenty (20) legal proceedings

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