Whether consent Can be withdrawn in Mutual Consent Divorce under Sec.13-B of HMA ?

In the opinion of the single judge of Delhi High Court, the following questions of law arise for consideration by a division bench of this Court :-

A) Whether a party, which has under a settlement agreement decreed by

a Court undertaken to file a petition under Section 13B(1) or a motion

under Section 13B(2) of the Act, 1955 or both and has also undertaken to

appear before the said Court for obtaining divorce can be held liable for

contempt, if the said party fails to file or appear in the petition or motion or

both to obtain divorce in view of the option to reconsider/renege the

decision of taking divorce by mutual consent under Section 13B(2) of the

Act?

B) Whether by undertaking before a Court to file a second motion under

Section 13B(2) of the Act, 1955 at Section 13B(1) stage or by giving an

undertaking to a Court to that effect in a separate court proceeding, a party

waives its right to rethink/renege under 13B(2) of the Act, 1955? If yes,

whether such right can be waived by a party under Section 13B(2) of the

Act, 1955?

C) Whether any guidelines are required to be followed by the Court

while recording the undertaking/agreement of the parties with respect to a

petition under Section 13B(1) or a motion under Section 13B(2) of the Act,

1955 or both for obtaining divorce?

D) Whether the judgment in Avneesh Sood (supra) and Shikha Bhatia

(supra) are good law in view of the doubts expressed by this Court in paras

19 to 28 and in view of the Division Bench judgment in Dinesh Gulati

CITATION

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C.M. APPL. 8610/2015 in CONT.CAS(C) 772/2013

RAJAT GUPTA ….. Petitioner

Through Mr. Prashant Mendiratta with

Ms. Poonam Mehndiratta and

Mr. Harshwardhan Pandey,

Advocates

versus

RUPALI GUPTA ….. Respondent

Through Mr. Ankur Mahindro with

Mr. Shresth Choudhary,

Ms. Megha Agarwal, Ms. Devna,

Mr. Adhirath and Mr. Aarzoo Aneja,

Advocates

WITH

+ CONT.CAS(C) 584/2014

KAMAL GODWANI ….. Petitioner

Through Mr. F.K. Jha with Mr. Sarvesh,

Advocates

versus

ANNU BHARTI ….. Respondent

Through Mr. B.K. Srivastava and Mr.Rajeev

Katyain, Advocates.

AND

+ CONT.CAS(C) 483/2016 & C.M. APPLS. 15724/2016, 28622/2016,

42418/2016

W CDR SITANSHU SINHA ….. Petitioner

Through Mr.Ashish Virmani with Ms.Paridhi

Dixit, Advocates.

versus

Cont. Cas.(C) 772/2013 & Ors. Page 2 of 29

PRACHI SINGH @ PRACHI SINHA ….. Respondent

Through Mr.Ajit Kumar with Ms.Nutan

Kumari, Advocates.

AND

+ CONT.CAS(C) 484/2016 & C.M. APPLS. 15728/2016, 42419/2016

WG CDR SITANSHU SINHA ….. Petitioner

Through Mr.Ashish Virmani with Ms.Paridhi

Dixit, Advocates.

versus

PRACHI SINGH @ PRACHI SINHA ….. Respondent

Through Mr.Ajit Kumar with Ms.Nutan

Kumari, Advocates.

AND

+ CONT.CAS(C) 648/2014

  1. ARUN SHARMA ….. Petitioner

Through Mr.Sunil Mittal, Sr.Advocate with

Ms.Seema Seth and Mr.Dhruv

Grover, Advocates.

versus

POOJA SHARMA ….. Respondent

Through Mr. Prashant Mendiratta with

Ms. Poonam Mehndiratta and

Mr. Harshwardhan Pandey,

Advocates

AND

+ CONT.CAS(C) 1116/2016

AMRITA KAUR SAXENA ….. Petitioner

Through Mr.Amit Grover, Advocate.

Cont. Cas.(C) 772/2013 & Ors. Page 3 of 29

versus

GAURAV SAXENA ….. Respondent

Through Ms.Mrinalini Khatri, Advocate.

AND

+ CONT.CAS(C) 1147/2016

NAVEEN KUMAR JAIN ….. Petitioner

Through Mr.C.Rajaram with Mr.Sashi Panwar

and Mr.T.Kanniappan, Advocates.

versus

INDU JAIN ….. Respondent

Through Mr. Parvinder Chauhan, Advocate

with Mr. Nitin Jain, Advocate.

AND

+ CONT.CAS(C) 1251/2016

VIKAS SHARMA ….. Petitioner

Through Mr.Atul Kharbanda, Advocate.

versus

SHALINI CHHABRA ….. Respondent

Through Mr.Jitendra Kumar Jha with

Mr.Rupam Roy, Advocates.

AND

+ CONT.CAS(C) 484/2014

DEEPAK BATRA ….. Petitioner

Through Mr.Akhilesh Aggarwal, Advocate.

Cont. Cas.(C) 772/2013 & Ors. Page 4 of 29

versus

SWATI BATRA ….. Respondent

Through

% Date of Decision: 09th January, 2017

 

 

Advertisements