Rajat Gupta vs Rupali Gupta on 15 May, 2018

―A) Whether a party, which has under a settlement agreement
decreed by a Court undertaken to file a petition under Section
13B(1) or a motion under Section 13B(2) of the Act, 1955 or
both and has also undertaken to appear before the said Court
for obtaining divorce ―can be held liable for contempt‖, if the
said party fails to file or appear in the petition or motion or
both to obtain divorce in view of the option to
reconsider/renege the decision of taking divorce by mutual
consent under Section 13B(2) of the Act?
B) Whether by undertaking before a Court to file a second
motion under Section 13B(2) of the Act, 1955 at Section 13B(1)
stage or by giving an undertaking to a Court to that effect in a
separate court proceeding, a party waives its right to

REFERENCE IN CONT.CAS(C) 772/2013 and connected matters Page 3 of 64
rethink/renege under 13B(2) of the Act, 1955? If yes, whether
such right can be waived by a party under Section 13B(2) of the
Act, 1955?

Source: Indian Kanoon

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