Atul Kumar v. Arti Upadhyay

#49 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1228/2016 & CM APPL. 43003/2016 ATUL KUMAR ..... Petitioner Through Mr. Hameed S. Shaikh with Mr. Amar Pal and Mr. Pramod Kumar, Advocates versus ARTI UPADHYAY ..... Respondent Through None

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 21.11.2016 Present contempt petition has been filed alleging wilful disobedience of the order dated 8th August, 2016 passed in HMA 687/15 (New No. 58997/16) whereby the petition filed under Section 9 of the Hindu Marriage Act, 1955 (for short "Act, 1955") by the petitioner-husband was disposed of in terms of the Memorandum of Understanding dated 19th July, 2016. Learned counsel for the petitioner states that despite the aforesaid statement, respondent-wife has not withdrawn the complaint filed before the CAW Cell and, in fact, she filed an FIR under Section 498A/406/34 IPC. Since the orders passed under the Act, 1955 are enforceable as a decree/ order made in exercise of original civil jurisdiction, present petition and application are disposed of with liberty to file proceeding for enforcement under Section 28A of the Act, 1955.

MANMOHAN, J NOVEMBER 21, 2016 rn