Ajaneesh Kumar vs Bobby Luthra Sinha

Sachin Datta , J

The present petition has been filed by the petitioner alleging wilful disobedience/ non-compliance of the directions contained in the order dated 16.08.2023 passed by this Court in CONT.CAS(C) 483/2022. The said order records the understanding/ settlement arrived at between the parties during the course of the said proceedings.

Learned senior counsel for the petitioner submits that despite the petitioner having adhered to all the terms of the understanding/settlement arrived at between the parties, the respondent has acted in wilful disobedience thereof. It is pointed out that the petitioner has already paid far in excess of what he was required to pay in terms of the aforesaid understanding/ settlement, yet, the respondent has not come forward for further proceedings of the second motion filed under Section 13-B(2) of the Hindu Marriage Act, 1955, before the concerned Court, as envisaged in the directions contained in the order dated 16.08.2023.

After some hearing, the parties have agreed as under:-

i. The petitioner shall deposit a sum of Rs. 60,00,000/- (Rupees Sixty Lakhs only) with the Registry of this Court within a period of four weeks from today;

ii. Upon the said deposit being made, the parties will appear before the concerned Court where the second motion petition under Section 13- B(2) of the Hindu Marriage Act, 1955, has been filed and shall jointly request the concerned Court to expeditiously consider the same and pass a decree of divorce;

iii. After a decree of divorce is passed by the concerned Court, the amount of Rs. 60,00,000/- deposited by the petitioner with the Registry of this Court shall be released to the respondent. The same shall be in full and final settlement of all claims of the respondent towards the petitioner. The parties are in agreement that until and unless the decree of divorce is passed, the respondent shall not be entitled to any amount whatsoever out of the aforesaid amount deposited by the petitioner before the Registry of this Court (in compliance of the aforementioned directions);

iv. It is also agreed and undertaken that after the decree of divorce is passed, the petitioner shall take immediate and expeditious steps to transfer his fifty percent (50%) share in the property bearing Flat No. 701, Tower-6, Parsavnath Prestige-II, Sector-93A, Noida, Uttar Pradesh, in favour of his two children. The said undertaking is taken on record.

v. For the purpose of the aforesaid transfer, arrears of amount payable (if any) to the concerned society shall be borne by the respondent. However, the stamp duty/ other charges to be paid to any Government Authority shall be borne by the petitioner.

vi. It is further agreed that if the fifty percent (50%) of the share of the petitioner in the said property is not transferred in favour of his two children for whatsoever reason, the same shall be construed as wilful disobedience on the part of the petitioner of undertaking given to this Court, entailing severe action under the Contempt of Courts Act, 1971;

vii. The respondent agrees that after the aforesaid sum of Rs. 60,00,000/- is released in her favour (in terms of the aforementioned directions) and after fifty percent rights of the petitioner in the aforesaid property is transferred in favour of his two children, the respondent shall have no claim or right whatsoever against the petitioner. It is undertaken that no demand shall thereafter be made by the respondent, nor any proceedings shall be initiated by her seeking any further entitlement from the petitioner, either monetary or otherwise.

The present petition is disposed of in the above terms.

List for reporting compliance on 30.07.2026.

A copy of this order be given dasti under the signatures of Court Master.