VARINDER JEET SINGH Vs. GURPREET KAUR

JUDGEMENT

(1.) The Appeal under Sec. 19 of the Family Courts Act, 1971 has been preferred by the appellant-husband against the Order dtd. 30/1/2023 whereby the learned Judge, Family Courts has dismissed the Contempt Petition against the respondent-wife for not having abided by the Memorandum of Understanding (MoU) dtd. 28/9/2020 whereby the parties had agreed to take divorce by Mutual Consent.

(2.) The parties got married according to Sikh rites and customs on 19/11/2017 and one daughter was born from their wedlock. However, on account of marital discord, both the parties decided to dissolve their marriage by way of Mutual Consent. They executed an MoU dtd. 28/9/2020 pursuant to which, the petition for Divorce under Sec. 13(B)(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act, 1955') was preferred. The petition for first motion under Sec. 13(B) of the Act, 1955 was allowed vide Order dtd. 18/12/2020. However, the respondent-wife did not come forth to file the petition for second motion of divorce and consequently, the appellant-husband preferred the Contempt Petition for initiating the Contempt against the respondentwife.

(3.) The ground for initiation of contempt essentially was that the respondent has unilaterally withdrawn her consent for second motion and thus, had defaulted in compliance of the terms of MoU. It was further claimed by the appellant-husband that in fact, she is not willing for Divorce and had filed a petition under Sec. 9 of the Act, 1955 aside from filing a petition under Guardianship and Wards Act seeking custody of the minor daughter.