The Delhi High Court has recently issued a verdict in a case where a woman was sentenced to one month of simple imprisonment for her breach of a divorce settlement agreement with her husband and her failure to adhere to commitments made to a family court. This ruling, delivered on August 9 by Justice Manmeet Pritam Singh Arora, found the woman in contempt of court and additionally imposed a fine of ₹2000 upon her.
The court determined that the respondent willfully disregarded the terms of the settlement agreement and violated the undertakings given to the court. The woman's refusal to acknowledge her obligation to the settlement agreement and her bold assertions to that effect were highlighted in the court's decision. Justice Arora deemed the imposed fine insufficient, asserting that more stringent measures were warranted.
The court deemed a jail sentence necessary due to the woman's deliberate and intentional disobedience of the undertakings made to the Family Court. This disobedience was perceived as a deliberate effort to secure a better financial settlement with her estranged husband. The judge observed that the woman had repeatedly disregarded opportunities to comply with the settlement terms, leading to the decision to sentence her to one month of imprisonment.
Justice Arora, however, suspended the execution of the sentence for two weeks, allowing the woman time to rectify her contempt. The court emphasized that the imprisonment could be rescinded upon the woman's unconditional apology and adherence to the terms of the settlement agreement.
The court further cautioned that failure to comply would result in the woman's surrender before the Registrar General of the Court on August 24 at 2.30 PM. In such a circumstance, the Registrar General was directed to facilitate the woman's transfer to Central Jail, Tihar in New Delhi for the duration of her prison term.
As part of the court's directives, the respondent was instructed to appear before the Registrar General on August 11, 2023, to provide a security bond of ₹50,000/- along with a surety of the same amount in preparation for her surrender.
This case revolved around a contempt of court suit brought by a man against his estranged wife. The petitioner detailed that although they had married in July 2015, the couple had been living apart since April 2017, with numerous legal proceedings underway between them. Eventually, the couple reached a settlement agreement on September 14, 2022, wherein they committed to honor its stipulations.
Central to the agreement was the husband's execution of a gift deed concerning a Mumbai flat. Simultaneously, the wife was to issue a cheque of ₹9,91,408/- to settle a loan account with HSBC Bank and obtain original property title deeds from the bank. However, conflicts arose regarding ancillary documents from a housing society linked to the property. The wife insisted on obtaining these documents from the housing society, conditioned upon clearing maintenance dues. Conversely, the husband asserted that per the agreement, the wife was responsible for these dues. The husband argued that the non-execution of the gift deed, despite its finalization, constituted a deliberate breach of the agreement.
After thorough consideration, the High Court deemed the wife's actions a violation of the settlement agreement and held her in contempt. Advocates Prabhjit Jauhar, Rosemary Raju, Gauri Rajput, and Ajunee Singh represented the petitioner, while Advocates Zeba Khair and Nikita Jain appeared on behalf of the wife.
Click Here to: Download/View Related File
TAGS: Delhi High Court woman one month jail sentence divorce settlement agreement contempt of court undertakings fine Justice Manmeet Pritam Singh Arora breach disobedience financial settlement estranged husband contempt case legal proceedings settlement agreement gift deed Mumbai flat HSBC Bank property title deeds housing society maintenance dues Registrar General Central Jail Tihar surrender security bond surety violation contemptuous actions advocates Prabhjit Jauhar Rosemary Raju Gauri Rajput Ajunee Singh Zeba Khair Nikita Jain.
