LAWS(DLH)-2017-1-104

RAJAT GUPTA Vs. RUPALI GUPTA

Decided On January 09, 2017
Rajat Gupta Appellant
V/S
Rupali Gupta Respondents

JUDGEMENT

(1.) Present batch of contempt petitions has been filed alleging wilful disobedience of undertakings given by a spouse to appear, sign and file both the 13B(1) petition and 13B(2) motion of the Hindu Marriage Act, 1955 (hereinafter referred to as "Act, 1955"). These undertakings have been accepted by a Court either at Section 13B(1) stage or incorporated in a consensual decree. In all cases except Cont.Cas(C) Nos.1147/2016 and 1251/2016 the undertakings are against consideration.

(2.) Mr. Prashant Mendiratta, learned counsel for Mr. Rajat Gupta and Ms. Pooja Sharma states that the Contempt of Courts Act, 1971 defines civil contempt to be a wilful breach of undertaking given to a Court or order of a Court. He submits that undertakings given to Courts and orders passed by Courts are to be complied with in all circumstances.

(3.) According to him, the consent for mutual divorce by way of joint petition under Section 13B of the Act, 1955 cannot be withdrawn by a party for mala fide and extraneous reasons. In support of his submission, he relies upon a judgment of the Bombay High Court in Rajesh Pratap Sainani v. Mrs. Bhavna, 2008 SCC OnLine Bom 800 wherein it has been held as under:-