Item No.3
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A.No.115 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. This order is in continuation of the order passed on 17.02.2021
on which date, we had directed the parties to remain present to enable
us to assist them in arriving at a negotiated settlement.
2. Both parties are virtually present today.
3. After much back and forth, the appellant has agreed to receive a
sum of Rs.10 lakhs (Rupees ten lakhs only) from the respondent in
full and final settlement of all her claims against him and in lieu thereof, she has agreed to withdraw the present appeal as also the petition for restitution of conjugal rights filed by her against the respondent.
4. The respondent is agreeable to pay the aforesaid amount to the appellant, but requests that he be granted a reasonable time to do so.
5. After discussing the matter with his client, learned counsel for the respondent states that the respondent will be able to pay a sum of Rs.10 lakhs to the appellant in two equal instalments i.e., Rs.5 lakhs (Rupees five lakhs only) within three weeks and the balance sum of Rs.5 lakhs (Rupees five lakhs only) within three weeks thereafter.
6. The appellant is agreeable to the aforesaid suggestion. F.C.A.No.115 of 2019 Page 1 of 3
7. Accordingly, the parties have consented for the disposal of the present appeal on the following terms:
(i) The appellant has agreed not to press the present appeal. She has also agreed to withdraw the petition for restitution of conjugal rights registered as F.C.O.P.No.2940 of 2018 and pending before the Family Court, Ranga Reddy District at L.B.Nagar.
(ii) In lieu of the aforesaid offer, the respondent has agreed to pay a lump sum amount of Rs.10 lakhs to the appellant in the following manner:
(a) Rs.5 lakhs on or before 19.05.2021;
(b) The balance sum of Rs.5 lakhs on or before 09.06.2021;
(iii) The aforesaid amounts shall be deposited by the respondent in the Family Court, Ranga Reddy District at L.B.Nagar in terms of the schedule recorded herein above.
(iv) The appellant has agreed that she shall not claim any alimony or other amounts from the respondent on receiving the sum of Rs.10 lakhs, as recorded hereinabove and nor shall she or her family members file any other case against the respondent and/or his family members.
F.C.A.No.115 of 2019 Page 2 of 3
8. Immediately upon the appellant filing the proof of withdrawal of the petition for restitution of conjugal rights (F.C.O.P.No.2940 of 2018) on moving an application in that regard, the Family Court, Ranga Reddy District at L.B.Nagar shall release the amounts directed to be deposited by the respondent in her favour.
9. Both the parties shall file their respective affidavits placing on record the terms of settlement as recorded herein above and undertaking to abide by the same. The said affidavits shall be filed within one week from today. If the affidavits are not filed, the Registry shall place the matter back before this court for appropriate orders.
10. The present appeal is, accordingly, disposed of along with the pending applications, while cautioning the parties that any non- compliance shall be viewed seriously and shall attract contempt of court proceedings.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 28.04.2021 Lur F.C.A.No.115 of 2019 Page 3 of 3