- (1.) The respondent-husband Rohin Kumar @ Rohin Aggarwal, who was embroiled in a matrimonial dispute with her wife Silvia, entered into a settlement dated 12.11.2012, broadly the terms of which are extracted hereinbelow: (i) That the respondent shall agree to the grant of the decree of divorce in favour of the deponent. (ii) That the said amount of Rs. 17 lacs would be the full and final settlement of all the claims of the respondent qua the appellant. She shall not make any other/further claim qua the respondent or his heirs, assignees, representatives. (iii) That the custody of the son (D.O.B. 12.8.2005) of the deponent and the respondent would remain with the deponent and he shall have complete responsibility of looking after the child and his needs/up-bringing. The respondent shall not ever claim his custody or any right over their son in future. The respondent would have the right to visit their seven years old son, who is in the custody of the deponent since he was eleven months old at a place like the Woman Welfare Cell/Legal Authorities Cell, Ambala, once a month. (iv) That the respondent would take steps for the quashing of the FIR No. 120 dated 22.3.2006 under Section 498A, 406 IPC, registered at P.S. Sector 5, Panchkula against the deponent and his family members. (v) That the respondent shall withdraw the complaint filed by her under Section 12 of the Protection of Woman from Domestic Violence Act, 2005 pending before the Ld. J.M.I.C, Panchkula. (vi) That the respondent shall withdraw her petition/appeal under Section 125 Cr.P.C. pending before the Ld. A.D.J., Panchkula. (vii) That the respondent withdraw her complaint against the deponent under Section 494 Cr.P.C. pending before the J.M.I.C, Panchkula. (viii) That FIR No. 53 dated 1.2.2012 under Section 66(1) I.T. Act, 2000 and Section 292 IPC registered against the respondent by the father of the deponent shall also not be pursued and steps shall be taken to have it quashed/cancelled. (ix) That both the deponent and the respondent would agree that none of them shall pursue any complaint which has been moved against each other in any shape in view of the settlement. (x) That part payment of Rs. 5 lacs of the amount of Rs. 17 lacs shall be made immediately on receiving the earnest money in respect to the sale of the plot and the rest of the amount shall be paid on completion of all formalities of the same. Barely few weeks thereafter the contemner-husband furnished an affidavit where he did not dispute the settlement and his intention to honour it, but pleaded that he had no personal means to pay the amount to the wife and that he had entered into an understanding with his mother to sell a commercial plot measuring 29-1/2 square yards located at Manav Chowk, Ambala City to satisfy the settlement. In the affidavit he categorically undertook to pay Rs. 17 lacs to the wife. For the purpose of reference the relevant part of the affidavit is extracted here below: The said plot has been put up for sale and the deponent undertakes to pay the amount of Rs. 17 lacs to the respondent on receipt of the same and on acceptance of the terms and conditions discussed namely.... The affidavit then went on to extract the terms of the settlement which have been noticed above.
(2.) Thereafter the respondent defaulted in his commitment made to the Court and to the wife. It is not in dispute that the plot in question was sold but the proceeds thereof were utilized for another purpose of the family i.e. marriage of the sister of the respondent-contemner.
(3.) The solitary explanation offered by the contemner for not honouring the undertaking given to this Court is that intervening circumstances have rendered him incapable of abiding by the terms of the settlement and his own undertaking.;