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Delhi High Court - Orders

Salill Gupta Through Spa Holder Vijay ... vs Ms N on 5 August, 2024

Author: Dharmesh Sharma

Bench: Dharmesh Sharma

                             $~81
                             *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         CONT.CAS(C) 1206/2024
                                       SALILL GUPTA THROUGH SPA HOLDER VIJAY GUPTA
                                                                          .....Petitioner
                                                     Through: Mr. Manvir Singh, Ms.
                                                              Panchajanya       Batra,    Mr.
                                                              Himalaya Singh and Mr.
                                                              Dishant Kalra, Advs. alongwith
                                                              SPA Holder Sh. Vijay Gupta

                                                                            versus

                                       MS N                                                                                .....Respondent
                                                                            Through:                 None.

                                       CORAM:
                                       HON'BLE MR. JUSTICE DHARMESH SHARMA
                                                    ORDER

% 05.08.2024 CM APPL. 44210/2024 (Ex.)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

CONT.CAS(C) 1206/2024

3. The petitioner/husband is seeking initiation of contempt proceedings against the respondent/wife for committing the wilful and deliberate breach of the undertaking given by her, in terms of the Memorandum of Understanding ['MoU'] dated 16.05.2024.

4. None appeared on behalf of the respondent/wife despite sending advance notice.

5. Learned counsel for the petitioner/husband has alluded to the relevant Clauses in the MoU and it is pointed out that the first motion This is a digitally signed order.

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 07/08/2024 at 00:34:52 for divorce by mutual consent took place on 22.05.2024 and it is pointed out that she has already been given the pecuniary benefits, which have been agreed upon, in terms of the MoU. It now appears that the respondent/wife is reneging from the undertaking and has not come forward for filing of a joint application/petition for seeking divorce by mutual consent in the second motion.

6. Let notice of the present petition be issued to the respondent/wife by all permissible modes including via approved courier as well.

7. Re-notify on 25.09.2024.

DHARMESH SHARMA, J.

AUGUST 5, 2024 sp This is a digitally signed order.

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 07/08/2024 at 00:34:52