Item No.1
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A. No.141 of 2006
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. This order is in continuation of the order passed on 09.04.2021
on which date, the appellant/wife was directed to file her affidavit in
terms of the order passed on 19.03.2021. Learned counsel for the
appellant/wife states that the appellant/wife has filed the affidavit with
a copy to learned counsel for the respondent/husband. This leaves the
affidavit of the son of the parties, who is presently taking his MBBS examinations in Shimoga and is unavailable. Learned counsel for the appellant/wife states that it will take at least a month for the son to complete his examinations and return to Hyderabad for filing the affidavit.
2. To overcome the aforesaid difficulty, it is deemed appropriate to direct the son of the parties to have an affidavit drafted, signed and sworn and forward a photocopy thereof to learned counsel for the appellant/wife to enable her to file it in the Registry with a copy to the other side. The original shall be dispatched by him to the counsel through mail. Immediately on receiving the same affidavit, learned counsel for the appellant/wife shall file it in the Registry and furnish another copy thereof to learned counsel for the respondent/husband. F.C.A.No.141 of 2006 Page 1 of 2
3. In the meantime, the respondent/husband shall deposit the first instalment of Rs.10,00,000/- in the Registry, instead of handing over the same directly to the appellant/wife. On filing the affidavit of the son and showing proof thereof to the Registry, the said first instalment of Rs.10,00,000/- shall be released in favour of the appellant/wife and the son, through the counsel on record. As for the second and third instalments of Rs.10,00,000/- each to be paid on or before 17.06.2021 and 30.07.2021 respectively, in the event the affidavit is filed by the son, then the said amounts shall be paid by the respondent/husband directly to the appellant/wife and the son.
4. With these orders, the present appeal is disposed of along with the pending applications, if any. Needless to state that in case of any default by either side, the aggrieved party shall be at liberty to approach this court by filing an application.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 15.04.2021 JSU/pln F.C.A.No.141 of 2006 Page 2 of 2