Breach of mediation agreement is contempt of court

Avneesh Sood vs Tithi Sood

Delhi HC

30/04/2012

CONT.CAS (C) 559/2011 & C.M.1932/2012

About/from the judgment:

I, therefore, hold the respondent guilty of contempt of Court as she has breached her undertaking given to the learned ADJ-01, New Delhi on 14.09.2010 in the first motion divorce proceedings under Section 13-B(1) of the Hindu Marriage Act. The agreement arrived at between the parties not only deals with the aspect of divorce, to be obtained by mutual consent, but also deals with the aspect of custody/visitation rights of the minor child. Admittedly, the respondent has breached the said arrangement as well, and consequently, breached her undertaking to abide by the arrangement with regard to the custody and visitation rights of the minor child, given to the Court and accepted by the Court. She admits to regularly going to the childs school to meet her on a regular basis which disturbs the child psychologically on a day-to-day basis.

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