Contempt petition
Querist :
Anonymous
(Querist) 10 December 2011
This query is : Resolved
Facing 498a, divorce case filed by me in tis hazari court, maintenance decided for minor daughter as wife is employed as govt employee.
Petition filed by me in Delhi High court against maintenance order. The idea of going to high court was to somehow go to Mediation centre of high court for settlement. The petition of Delhi high court was dismissed with the directon to both the parties to go the Mediation Centre.
In mediation centre after 6 months, a settlement agreement was made and signed by me, wife, both side lawyers and mediator of high court.
As per agreement I prepared the Demand draft and wife was asked to take the money and sign the mutual divorce consent petition. She refused to comply with agreement.
Filed Contempt petition in Delhi high court. The matter was heard and following emerged :
She took the plea that the agreement was signed in pressure.
No money has been paid so far, but judge said that is immaterial.
She said that there is no contempt on her part as no undertaking was given before any court.
Judge has asked us to examine the legality of the issue.
Members please advice on the issue regarding legality and if possible related judgement may also be quoted as it will be a great help for me.
Devajyoti Barman
(Expert) 10 December 2011
The wife has definitely retracted from her stand but that does not amount to contempt of the order of the high court.
The High Court only referred the [parties for mediation. The process of mediation is only conciliatory as a result of which any of the party may back out at any moment. But that is definitely not amounting to violation of any order of court less of a contempt.
Now you have a long road ahead as far as legal battles are concerned.
Guest
(Expert) 11 December 2011
A also agree with Shri Devajyoti.
Shonee Kapoor
(Expert) 11 December 2011
I tend to agree with experts, but still try finding out at www.indiankanoon.org
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 12 December 2011
IHAVE FOUND ONE NEWS PAPER ARTICLE. I AM NOT SURE WHETHER THIS CAN BE APPLIED IN MY CASE. PLEASE ADVICE
TNN Apr 2, 2009, 01.52am IST
LUCKNOW: If a matter is decided by mediation at the direction of the high court, the terms and conditions of the decision will be binding on the subordinate courts including civil court, family court, arbitration, tribunals etc as also on the authorities such as police and administration.
Rohit Ahuja filed a petition in the high court saying that his wife had lodged an FIR against him. He challenged the FIR in the high court. The high court referred the matter for settlement to the mediation centre. In the centre, the parties reached an agreement on September 22. Thereafter, the high court quashed the FIR and opened the way for settlement.
Ahuja submitted that his wife had filed a divorce suit in the family court. The family court judge was not deciding the suit as per September 22 agreement.
Justice D P Singh said that the settlement was binding on the family court as well and thus, directed the family court judge to decide the suit in terms of the settlement already reached.
Querist :
Anonymous
(Querist) 12 December 2011
Today I went to High Court Mediation Centre and I was told there that non-compliance of settlement agreement made in high court mediation centre amounts to contempt.
The issue I raised regading making statement before court after the signing of agreement. I was told that I can make an application now as part of my orginal case of CM (Main) which was dismissed and put the settlement agreement on record.
However my lawyer says we cannot do that as case was originally dismissed and the girl shall not give her consent for the same.
Please advice as what to do. I have a judgment in which when parites appear before court and court said that the parties cannot go back from the settlement agreement entered into
