Dipak (service) 25 July 2013

Is it contempt of court?

Pls. give reply after reading and considering my old query:

https://www.lawyersclubindia.com/forum/Withdraw-consent-in-mcd-u-s-13b-may-amount-to-fraud--83847.asp#.UfDEudJHJOI

The M.C.D. petition u/s.13B of H.M.Act has just presented in Court. Husband has not given oath/statement in front of Judge after presenting MCD petition. So, the first motion petition has not successfully passed. And husband withdraws his consent from MCD before passing first motion.

Que: Is it husband guilty of contempt of Court in this matter as he has broken the terms of agreement of mutual consent divorce?

Que-2: Is it amount to breach of trust by husband to wife?

Reply Follow

2 Replies

Adv. Chandrasekhar (Advocate) 25 July 2013

If the husband has not gained any pecuniary or otherwise benefit out of the mutual consent agreement, i.e., wife withdraws criminal complaint against husband on the basis of the said agreement, there does not lie a case of fraud. In any way, contempt of court does not lie.