Item No.4
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A.No.105 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. This order is in continuation of the order passed on 29.06.2021
on which date, Mr. C. Damodar Reddy, learned Senior Advocate
appearing for the appellant/father had sought time to obtain
instructions from his client on the arrears of maintenance payable by
appellant/father towards the upkeep of the thirteen year old minor
daughter of the parties (respondent herein), in the care and custody of
the mother.
2. Today, both the parties are present. We have undertaken a lengthy interaction with them. There are allegations and counter allegations made by both sides against each other about false cases being filed against them. Both sides have finally agreed that to buy peace, the appellant/father shall pay a sum of Rs.45,00,000/- (Rupees forty five laksh only) to the mother towards a onetime maintenance of the minor daughter of the parties.
3. We may record here that the mother is a Central Government employee and is not claiming any maintenance for herself. Both the parties agree that on the appellant/father paying a sum of Rs.45,00,000/- to the mother for the upkeep and maintenance of the F.C.A.No.105 of 2019 Page 1 of 3 child in full and final settlement of all her claims, both the parties shall withdraw all the cases against each other and cooperate with each other in seeking quashing of the pending criminal cases. They also agree that they shall file a petition for divorce by mutual consent within four weeks from today and cooperate with each other in every manner.
4. In view of the aforesaid settlement arrived at between the parties, the appellant/father shall deposit a sum of Rs.45,00,000/- through RTGS into the account of the mother for the upkeep and the maintenance of the minor daughter of the parties in the following manner:-
Sl.No. Amount Rs. On or before
1. 10,00,000/- 16.08.2021
2. 10,00,000/- 06.09.2021
3. 10,00,000/- 27.09.2021
4. 10,00,000/- 18.10.2021
5. 5,00,000/- 31.10.2021
5. It has been further agreed that any default on the part of the appellant/father in paying the instalment on time, will attract interest at the rate of 12% per annum for the defaulted period, to be paid along with the next instalment. Both the parties shall file their affidavits undertaking inter alia that they shall abide by the terms and conditions of the settlement recorded hereinabove and shall furnish the details of the pending cases against them/their family members, which the other side agrees will be withdrawn. Copies shall be F.C.A.No.105 of 2019 Page 2 of 3 exchanged with each other. Needful shall be done within one week from today. It is made clear that if either party defaults or reneges from the terms of settlement recorded hereinabove, besides facing contempt of court proceedings, they shall also have to restitute the aggrieved party, for status quo ante to be restored in every manner.
6. The present appeal is disposed of along with the pending applications, if any, on the aforesaid terms and conditions of the settlement, while leaving the parties to bear their own expenses.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 02.08.2021 JSU/PLN F.C.A.No.105 of 2019 Page 3 of 3