Wife's Withdrawal Of Consent For Mutual Divorce Despite MoU Is Not Contempt Of Court: Delhi High Court
The Delhi High Court has ruled that a wife's decision to withdraw her consent for the second motion of divorce by mutual consent, as per a Memorandum of Understanding (MoU) with her husband, cannot be considered contempt of court. An appeal was filed by a man who sought to hold his wife in contempt for not adhering to the MoU for mutual consent divorce.
A Division Bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna held that, “The respondent in her cooling off period after First Motion, has had second thoughts and decided against taking divorce. The approach of the Family Courts being reconciliatory, it cannot compel the parties to take divorce if not mutually acceptable. Pertinently, the respondent has no inclination to grant divorce since she has already filed a petition under Section 9 of the Act, 1955 for Restitution of Conjugal Rights and has also filed a Guardianship Petition for seeking permanent custody of the minor. In view of the above, we do not find that the respondent has committed any contempt under the Contempt of Courts Act, 1971.”
The second motion petition for mutual consent divorce was typically filed when the couple returned to court after a six-month waiting period. This waiting period was intended to provide time for both parties to reconsider their decision after the first motion, and the Court stressed that it is not illegal for either party to withdraw their consent during this period.
Advocate Amarjeet Singh Sahni appeared for the Appellant and Advocate Vinay Chaddha appeared for the Respondent.
The Court clarified that the main goal of matrimonial laws, whether under marriage laws or the Family Courts Act, is to promote reconciliation between parties. In this particular case, despite initially reaching a settlement, the wife chose not to proceed with the divorce during the cooling-off period. The Court ruled that her decision did not amount to contempt.
The Court also noted that the wife had filed a petition for restitution of conjugal rights and was seeking permanent custody of their minor daughter, indicating her reluctance to grant a divorce.
The Court dismissed the appeal and held that the wife's withdrawal of consent for the second motion of mutual consent divorce could not be considered contempt, and there was no merit in the appeal.
Cause Title: Varinder Jeet Singh v. Gurpreet Kaur, [2023:DHC:6848-DB]
Click here to read/download Judgment