VIJAY PANDIT Vs. NUTAN PANDIT

JUDGEMENT

(1.) Contempt is averred for willful disobedience of the order dated 08.08.2005 passed in the CS(OS) No. 214/2002 on the basis of a settlement arrived at between the parties on 16.07.2005 and statements made by the parties in court on 08.08.2005. The parties are husband and wife. On account of marital discord, various litigations had arisen between them, however, with the intervention of friends and relations, a settlement was arrived at and was filed in CS(OS) No. 214/2002.

(2.) Counsel for the Petitioner submits that Respondent has willfully disobeyed the settlement whereby it was agreed that the divorce petition which was pending between the parties would be amended into a petition for judicial separation. Counsel also submits that after the settlement, both the parties had approached the concerned court and the divorce petition was amended to a petition for judicial separation. Mr. Sharma, next submits that in the year 2007 in utter disregard to the settlement and the statements made in court whereby the Respondent had admitted that she has signed the statement after reading and understanding the same, she has violated the terms of the settlement and a petition for grant of divorce has been filed.

(3.) A preliminary objection has been raised by counsel for the Respondent with regard to maintainability of the present contempt petition. Mr. Luthra, submits that the Petitioner had filed a contempt petition in the year 2008 which was dismissed by a speaking order on 06.04.2009 and appeal filed against the aforesaid order was withdraw on 18.08.2009 and thus a second contempt petition would not be maintainable.