CONT.CAS(C)/1686/2026 of BHUPINDER KAUR Vs JASPAL SINGH & ANR. on 14 September 2026

O R D E R

% 14.09.2026

1. The present petition has been filed alleging wilful disobedience of the undertaking as recorded by the Family Court, Tis Hazari Courts, Delhi, vide order dated 29th April, 2014, in HMA 889/2014.

2. By way of the said order, the statement of father-in-law of the petitioner was recorded in the following manner:

3. Learned counsel appearing for the petitioner submits that the petitioner along with the minor daughter was not taken to London, on account of which, the petitioner had filed a contempt petition before the Tis Hazari Court in the year 2015 itself.

4. She submits that the said contempt petition being CCA 05/2015 was dismissed in default on 17th December, 2021. Thereafter, the petitioner herein moved an application before the said Court for restoring the said contempt petition.

5. It is submitted that the said contempt petition was restored vide order dated 11th July, 2026, to its original number, and was dismissed on the very same day on the ground that the said Court was not competent to deal with any case relating to civil contempt.

6. Thus, it is submitted that the present petition has now been filed.

7. Having heard learned counsel for the petitioner, it transpires that the petitioner has been living apart from her husband since the year 2010.

8. Pertinently, basis on which this contempt petition has been filed is an undertaking by her father-in-law, which was recorded by the Family Court on 29th April, 2014, which has not been complied with and she along with the minor daughter has not been taken back to her matrimonial home in London.

9. This Court notes that, subsequently, the petitioner had also filed a petition under Section 9 of the Hindu Marriage Act, 1955 (“HMA Act”), for restitution of conjugal rights.

10. Vide judgment dated 14th October, 2025, the said petition being HMA 50/2018 has been allowed by the Family Court in favour of the petitioner herein, whereby, directions have been given in the following manner: “xxx xxx xxx xxx xxx xxx”

11. On pointed query by this Court, learned counsel appearing for the petitioner informs this Court that the petitioner has already filed for execution of the said decree.

12. Learned counsel appearing for the petitioner further submits that the petitioner shall seek her remedies in accordance with law, in case, the husband of the petitioner does not honour the said decree of restitution of conjugal rights.

13. Accordingly, this Court notes that the petitioner has already sought her remedies by obtaining a decree of restitution of conjugal rights.

14. Considering the facts and circumstances of the present case, no merit is found in the present petition.

15. At this stage, learned counsel appearing for the petitioner submits that the petitioner has also filed cases under the Protection of Women from Domestic Violence Act, 2005 (“DV Act”) and is also pursuing proceedings emanating from the FIR under Section 498A of the Indian Penal Code, 1860 IPC.

16. She submits that a maintenance case has also been filed on behalf of the petitioner.

17. She further submits that the husband of the petitioner has not appeared in any of the cases.

18. If that be the case, the petitioner is at liberty to make prayer before the appropriate Court for passing directions with regard to service to the respondent in accordance with law.

19. Noting the aforesaid, the present petition is accordingly disposed of.

20. The pending applications also stand disposed of. MINI PUSHKARNA, J SEPTEMBER 14, 2026 ak