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2011 DIGILAW 269 (DEL)

Shikha Bhatia v. Gaurav Bhatia and Ors.

2011-02-24

G.S.SISTANI

body2011
JUDGMENT G.S. Sistani, J. 1. By a judgment dated 13.5.2010, this Court had held Respondent No. 1 guilty of contempt of Court. The matter was adjourned for hearing arguments on sentence, to be awarded to Respondent No. 1. Thereafter the matter was adjourned from time-to-time at the request of Counsel for the Respondents on the ground that Respondent No. 1 was suffering from Jaundice and he was unable to come to Court. Subsequently, on 14.12.2010, it was brought to the notice of this Court that parties had arrived at an amicable settlement, by virtue of which, Respondent No. 1 had agreed to comply with the terms of earlier settlement. On 14.12.2010, the following order was passed: 14.12.2010 Present: Mr. Deepak Kumar, Adv. for the Petitioner Mr. J.C. Mahindroo and Mr. Rahul Saini, Advs. for Respondent CONT. CAS (C) No. 274/2009 Counsel for parties submit that parties have arrived at an amicable settlement, by virtue of which Respondent has agreed to comply with the terms of the earlier settlement. It is further submitted that parties have filed a petition for grant of divorce by mutual consent, in which statements have been recorded on 13.12.2010. Respondent, who is present in Court, submits that he will sign and appear at the time of filing second motion. Respondent, who is present in Court, wishes to file an affidavit, tendering his unqualified apology. It is submitted by Counsel for the Respondent that Respondent has already withdrawn the petition under Section 9 of the Hindu Marriage Act and that Respondent will withdraw the appeal filed against the order passed by this Court, which is listed on 15.12.2010. Petitioner, who is present in Court, undertakes to withdraw the divorce petition which has been filed. She also undertakes to the Court that in case the statement is made by the Respondent at the time of grant of divorce in the Second Motion, she will cooperate in quashing of the FIR, which has been filed by her against Respondent and his family members. Statement made by the Petitioner is accepted and taken on record. Petitioner will remain bound by the statement made in Court today. It is also agreed that Petitioner will not oppose release of the passport of Respondent, which is lying in the Trial Court after the statement is made in the second motion, for grant of divorce by mutual consent. List on 21.1.2011. 2. Petitioner will remain bound by the statement made in Court today. It is also agreed that Petitioner will not oppose release of the passport of Respondent, which is lying in the Trial Court after the statement is made in the second motion, for grant of divorce by mutual consent. List on 21.1.2011. 2. Respondent No. 1 has now filed an affidavit dated 12.1.2011 tendering his unqualified apology. 3. It is strongly urged by learned Counsel for the Respondents that apology may be accepted and a lenient view be taken in the matter. Respondent No. 1, who is present in Court, undertakes to this Court that all steps will be taken, which are necessary to ensure that the settlement is finalized and a decree of divorce by mutual consent is granted. Respondent No. 1 also undertakes to this Court that he will sign the petition for Second Motion in the last week of June, 2011, or in the first week of July, 2011. Respondent No. 1 will be bound by the statement made by him in Court today. Parties also undertake that they will remain present before the concerned Court for making statement. 4. This Court is conscious of the fact that the unqualified apology now tendered is not merely an act of contrition but also to ward off the imprisonment. Having regard to the facts of this case and taking into consideration the apology tendered by Respondent No. 1 and also undertaking given to Court by Respondent No. 1 that he will cooperate and take all necessary steps in terms of the settlement, the apology is accepted. I am of the view that to meet the ends of justice Respondent shall pay a fine of Rs. 2,000/-. As agreed the fine shall be deposited by the Respondents with Delhi High Court Mediation and Conciliation Centre within two weeks from today, 5. Accordingly, contempt petition and application stand disposed of in view of above.