Delhi High Court Holds Wife Guilty Of Wilfully Violating Settlement Agreement With Husband, Sentences Her To One Month Simple Imprisonment
The Delhi High Court on Wednesday held a wife guilty of contempt of court for wilfully violating a settlement agreement with her husband and disobeying the undertaking to abide by the same given to the family court.Justice Manmeet Pritam Singh Arora imposed a penalty of Rs. 2,000 on the wife and also sentenced her to one month of simple imprisonment, considering that she...
The Delhi High Court on Wednesday held a wife guilty of contempt of court for wilfully violating a settlement agreement with her husband and disobeying the undertaking to abide by the same given to the family court.
Justice Manmeet Pritam Singh Arora imposed a penalty of Rs. 2,000 on the wife and also sentenced her to one month of simple imprisonment, considering that she “deliberately, wilfully, intentionally and defiantly” disobeyed the undertaking despite various opportunities were granted to her, “only with an intent to enhance her financial settlement with the husband.”
“This Court therefore, imposes a fine of ₹ 2,000/- on the Respondent. This Court further sentences the Respondent to simple imprisonment for a term of one (1) month. In case of default of payment of fine, the Respondent shall further undergo 15 days of simple imprisonment,” the court said.
However, the court suspended the sentence for two weeks in order to enable the wife to purge the contempt.
The court said that in case she exhibits her apology by complying with the terms and conditions of the settlement agreement within two weeks, undertakes not to proceed with the legal proceedings filed by her as per the settlement agreement and tenders an unconditional apology to the court, the punishment of undergoing simple imprisonment will be recalled.
“However, in case, the Respondent does not comply with the said directions, she is directed to appear before the Registrar General of this Court on 24.08.2023 by 2:30 P.M. for surrender,” the court said.
It added: “The Registrar General is directed on the said date to take all necessary steps to have the convicted contemnor to be taken into custody and cause her to be sent to Central Jail, Tihar, New Delhi under appropriate warrant of commitment for undergoing the sentence awarded.”
Justice Arora was hearing a contempt plea moved by the husband against the wife for wilfully non-complying the terms and conditions mutually agreed between them under the settlement agreement and the affidavit of undertaking given before family court.
While the parties got married in 2015, they started living separately since 2017. As many as 20 legal proceedings were pending between them in different forums. Accordingly, they arrived at an amicable settlement qua all their disputes.
The settlement agreement and first motion petition for divorce was duly executed by the husband and wife and an affidavit of undertaking incorporating all the terms of the settlement agreement was affirmed and filed before Family Court. The parties had agreed that after the first motion is granted, the husband will execute a gift deed relating to a flat, situated in Kalpataru Habitat Cooperative Housing Society, in wife’s favour.
However, after certain disputes arose between the parties with respect to procurement of some ancillary documents from the society where the property was located, the wife took a stand that without receipt of the documents, she was unwilling to accept the execution of the Gift Deed.
As per their settlement agreement, it was agreed that the parties will withdraw all the proceedings filed against each other on or before November 13, 2022. However, the wife said that neither party will withdraw any case against each other and all cases will be withdrawn only after the grant of the decree of divorce and execution of the gift deed.
It was the case of the husband, who was represented by Advocate Prabhjit Jauhar, that the wife’s conduct in not making payment of the maintenance charges to the society as per the settlement agreement was in gross violation of the agreement itself.
He also contented the non-execution of the gift deed by the wife, even after its finalization, amounted to wilful violation of the terms and conditions of the settlement agreement.
The court took note of the stand taken by the husband expressing his readiness and willingness to execute the Gift Deed and clear the difference amount of the maintenance charges due and payable to the society in question.
It also took note of the wife’s stand that she was unwilling to proceed with the implementation of the settlement agreement with respect to the transfer of subject property and the withdrawal of the legal proceedings mentioned on the settlement agreement.
“In the opinion of this Court, the admission made by the Respondent in her pleadings and her written submissions that she has decided to renege from the settlement agreement since she is struggling for funds/finances for herself and her aged parents, clearly evidences that Respondent is retracting from the settlement agreement only due to her dissatisfaction with the financial settlement which was arrived between the parties on 01.09.2022,” the court said.
It also observed that the wife’s conduct was a “clear evidence” of abuse of legal process and was not a bona fide ground for reneging from the settlement agreement.
“In the opinion of this Court, if this stand of the Respondent is accepted it will erode the faith of the general public in the legal proceedings and to the undertakings given to the Court. The Respondent’s pleadings and her stand shows scant regard for the undertaking given to the Court to abide by the terms and conditions of the settlement agreement,” the court observed.
Advocates Prabhjit Jauhar, Rosemary Raju, Gauri Rajput and Ajunee Singh appeared for the petitioner.
Advocates Zeba Khair and Nikita Jain represented the respondent.
Title: ANURAG GOEL v. CHHAVI AGARWAL
Citation: 2023 LiveLaw (Del) 669