Preeti v. Gopal Singh

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 100/2020 & CM APPL. 52155/2022 PREETI ..... Petitioner Through:

Mr. Sanjoy Kumar Ghosh and Ms.

Rupali S Ghosh, Advocates versus GOPAL SINGH ..... Respondent Through:

Mr. Mukesh Kumar, Advocate.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 16.01.2024

O R D E R

1.

The present contempt petition had been filed alleging violation of the settlement dated 14th December, 2018 and approved vide order dated 13th September, 2019 in GS No. 21/2018.

th 2.

By the aforesaid settlement dated 14 December, 2018, it had been undertaken that both the parties will not commit any violence against each other and that the respondent will not touch liquor in future and also pay for the household expenses.

th 3.

In fact, in the settlement dated 14 December, 2018 as recorded by the Family Court, Shahdara District, Karkardooma, Delhi in Reconciliation Proceedings, it is clearly recorded that both the parties will start leaving together. It was further agreed that the parties shall withdraw cases against each other.

nd April, 2019 in GS No. 21/2018, it 4.

Subsequently, by order dated 02 was recorded by the learned Judge - Family Court (Shahdara District) that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:30:11

the parties were living together.

5.

Since there were fresh instances of violence committed by the respondent against the petitioner herein on various occasions, the present contempt petition had come to be filed.

6.

Today on a query by this Court, it is stated by learned counsel for the parties that both the parties are now living separately since 2019. 7.

It is to be noted that the aforesaid settlement dated 14th December, 2018 envisaged a scenario wherein the parties wanted to settle their disputes and live together as husband and wife. However today, counsel for both the parties confirm the fact that the parties are living separately and do not want to live with each other. Further, divorce proceedings are pending between the parties, besides other proceedings under the Domestic Violence Act, 2005.

8.

In view of the aforesaid, it is clear that the Reconciliation Order dated th December, 2018, that incorporated the terms of settlement between the parties, wherein the parties had agreed that they will start living together, is no longer relevant as on date. The parties are living separately and have filed various litigations against each other.

9.

In view of the aforesaid, no orders are required to be passed in the present contempt proceedings.

10.

Accordingly, the present contempt petition is disposed of. The notice of contempt is discharged.

MINI PUSHKARNA, J JANUARY 16, 2024 ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/05/2024 at 11:30:11