H E Laxmi Bai vs H.E. Shankar

Item No.11

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                        AND
     THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                        F.C.A.No.476 OF 2018

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    On 16.02.2021, at the request of learned counsel for the

appellant, who sought an adjournment to enable the parties to

approach the Lok Adalat for negotiating a settlement, the matter was

adjourned for today.


2.    A letter dated 26.04.2021 has been placed on record by the

Secretary, High Court Legal Services Committee stating inter alia that

neither the parties, nor their counsel appeared before the

Lok Adalat, despite telephonic calls being made to learned counsel for

both sides.


3.    We deprecate the conduct of learned counsel for the parties in

failing to appear before the Lok Adalat. Nor are we impressed by the

submission made by learned counsel for the appellant that his client

had approached the Lok Adalat at Malkajgiri. Even today, the parties

have not reported a settlement though at their request, sufficient time

was given to them.



4.    Further, the records reveal that on 31.01.2018, the Lok Adalat

at Malkajgiri had passed an Award fixing the maintenance payable by

the respondent/husband to the appellant/wife at Rs.9,000/- per month,

commencing from February, 2018 onwards. The parties had also agreed that they will share the proceeds of the fixed deposit amount of Rs.8 lakhs (principal amount) in their joint names by approaching the bank in question and further, that they will not file any criminal case against each other in the future. Despite the aforesaid settlement, the present appeal is continuing to be pressed by learned counsel for the appellant, only on the ground that the respondent has not cooperated with the appellant by approaching the bank for release of the FDR amount.

5. As learned counsel for the respondent states he has no objection in approaching the bank along with the appellant for release of the FDR amount, the parties shall approach UCO Bank, Malkajgiri Branch on 03.05.2021 for release of the subject FDR and for receiving the sale proceeds in equal share in terms of the Award dated 31.01.2018. Learned counsel for the appellant states that there are arrears of the monthly maintenance payable by the respondent to the appellant. The respondent shall deposit the arrears of the maintenance in the account of the appellant within one week from today.

6. Learned counsel for the appellant informs the court that the appellant has filed a suit for declaration in respect of an immoveable property against the respondent which she is pursuing. However, the present appeal be closed.

F.C.A.No.476 OF 2018 Page 2 of 3 3

7. The present appeal is disposed of as not pressed along with the pending applications, if any. The appellant is at liberty to continue with the civil suit instituted against the respondent. If the respondent does not abide by the Award dated 31.01.2018, the appellant shall be at liberty to seek appropriate legal recourse against him.

_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 28.04.2021 Lrkm F.C.A.No.476 OF 2018 Page 3 of 3