NEW
DELHI: Couples who mutually consent in court to get a divorce but later
have second thoughts can be hauled up for contempt of court, the Delhi
high court has ruled.
Justice G S Sitani recently held one Gaurav guilty of contempt of court because he backtracked from his assurance given in court that he agreed to a compromise with his wife. It was on this assurance that the wife withdrew criminal proceedings against Gaurav, only to learn that her husband now wanted restitution of the marriage instead of divorce.
Justice G S Sitani recently held one Gaurav guilty of contempt of court because he backtracked from his assurance given in court that he agreed to a compromise with his wife. It was on this assurance that the wife withdrew criminal proceedings against Gaurav, only to learn that her husband now wanted restitution of the marriage instead of divorce.
HC took a strong view of this somersault by Gaurav and said it seemed
to be a ploy to get bail and quash the case lodged against him.
Convicting Gaurav of contempt, the judge had even given the date for
announcing punishment in February this year but discharged Gaurav after
he agreed to abide by the divorce settlement and apologized profusely
for his retraction.
The couple got married in 2006 but within a year the wife lodged a case of dowry harassment against Gaurav and his parents in the local police station. This led the accused to seek anticipatory bail from HC. Even as the bail plea was pending, the couple reached a settlement which was recorded by the court in its order in 2007. According to the settlement, the husband agreed to pay Rs 8 lakh towards full and final satisfaction of her claims and also agreed to divorce by mutual consent in response of which the wife agreed to withdraw the criminal case against her husband and in-laws.
However, soon after securing bail, Gaurav petitioned the court saying his matrimonial dispute be shifted to the mediation and conciliation centre and baulked from his earlier pledge that he will ensure a smooth mutual divorce.
This is what led the wife to seek contempt of court proceedings in HC.
http://articles.timesofindia.indiatimes.com/2011-03-03/delhi/28650110_1_mutual-divorce-gaurav-face-contempt-proceedings
The couple got married in 2006 but within a year the wife lodged a case of dowry harassment against Gaurav and his parents in the local police station. This led the accused to seek anticipatory bail from HC. Even as the bail plea was pending, the couple reached a settlement which was recorded by the court in its order in 2007. According to the settlement, the husband agreed to pay Rs 8 lakh towards full and final satisfaction of her claims and also agreed to divorce by mutual consent in response of which the wife agreed to withdraw the criminal case against her husband and in-laws.
However, soon after securing bail, Gaurav petitioned the court saying his matrimonial dispute be shifted to the mediation and conciliation centre and baulked from his earlier pledge that he will ensure a smooth mutual divorce.
This is what led the wife to seek contempt of court proceedings in HC.
http://articles.timesofindia.indiatimes.com/2011-03-03/delhi/28650110_1_mutual-divorce-gaurav-face-contempt-proceedings
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