Charu Vermani Bafna v. Nikhil Bajaj

O R D E R %

05.11.2024

CM APPL. 64572/2024 (Ex.)

¶1Allowed, subject to all just exceptions.

¶2The application stands disposed of. CONT.CAS(C) 1729/2024

¶3The petitioner/wife is seeking initiation of the contempt proceedings against the respondent/husband for wilfully and contumaciously reneging from his undertaking forming part of the mutual consent petition under Section 13(B)(2) of the Hindu Marriage Act, 1955, as recorded by the learned Principal Judge, Family Court, South-West District Court, Dwarka Courts, New Delhi in the judgment dated 17.01.2020.

¶4Learned counsel for the respondent/husband is present on advance notice.

¶5Shorn of unnecessary details, it appears that the marriage between the parties has since been annulled by a decree of divorce by mutual consent. It appears that the respondent/husband undertook to make a total payment of Rs. 35 lakhs towards the permanent alimony This is a digitally signed order. to the petitioner/wife as well as the two children, who are under care and custody of the petitioner/wife. It is acknowledged that the payments were made regularly for three years, but now the respondent/husband has moved an application before the concerned learned Principal Judge, Family Court, for modification of the undertaking given by him citing certain reasons.

¶6It is submitted that the said application is coming up for hearing on 19.11.2024.

¶7After some arguments, learned counsel for the petitioner/wife requests permission to withdraw the present contempt petition.

¶8Accordingly, the present contempt petition is dismissed as withdrawn without prejudice.

DHARMESH SHARMA, J. NOVEMBER 05, 2024 Sp/SA

This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1729/2024 CHARU VERMANI BAFNA .....Petitioner Through: Mr. Deepak Acharya, Adv. versus NIKHIL BAJAJ .....Respondent Through: Mr. J.M. Kalia, Adv. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA