Case Name : Rajat Gupta vs Rupali Gupta
Case Reference: (0000) 0 SCR 00 :
Neutral Citation: 2018:DHC:3191-DB
Case Number: Cont Cas (C) 772/2013
Court: Delhi High Court
Bench: 02
Coram: Hima Kohli (Author), Deepa Sharma
Date: 15.05.2018
A party can renege or consider its decision on first motion or second motion; however it can be held in civil contempt of court if it undertook a settlement agreement (Para 60) A party cannot be compelled to file, appear, or support the petition or motion to obtain divorce by mutual consent No direction can be issued in contempt proceedings to compel the defaulting party to give its consent for divorce
A party can rethink or renege in second motion even after giving undertaking to the court. (Para 61)
Once parties do not want to procced with divorce by mutual consent, the appropriate course is to restore status quo by reviving the divorce petition (Para 62) Though party cannot be forced to proceed with second motion, if they obtained an order in some proceedings, or made an undertaking before a court, they can be found guilty for civil contempt
Guidelines for settlement agreement (Para 63)
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Judgment name
See also: HMA - Section 13B