Item No.7
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
FCA.No.41 of 2008
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The present appeal is directed against the judgment dated
16.10.2007, passed by the Family court dismissing a petition for
divorce filed by the appellant/husband.
2. On 20.04.2021, learned counsel for the appellant/husband had
informed this court that the parties had agreed to arrive at a settlement
in the year 2009, subject to the appellant/husband paying a sum of
Rs.4 lakhs to the respondent/wife which amount had been duly
received by her, but subsequently, she had reneged and did not cooperate with the appellant/husband for filing a petition for divorce by mutual consent.
3. In view of the stand taken by learned counsel for the appellant/husband, we have directed both the parties to appear before this court by order dated 22.06.2021. Today, both the parties are present. We had passed over the matter to enable them to exchange offers with each other. On the second call, learned counsel for the respondent/wife states on instructions from his client that if the appellant/husband pays a sum of Rs.3 lakhs, over and above the sum of Rs.4 lakhs that was received by her in the year 2009, she will 2 extend all necessary cooperation to him for filing a joint petition for divorce by mutual consent.
4. Learned counsel for the appellant/husband has been able to persuade his client to accept the aforesaid offer, but he states that in view of the past conduct of the respondent/wife, the interest of the appellant/husband may be secured by permitting him to deposit Rs.3 lakhs in the Registry, to be released in favour of the respondent/wife only after the petition for divorce by mutual consent is allowed by the Family Court. The said suggestion is acceptable to learned counsel for the respondent/wife, who states on instructions that his client shall cooperate with the appellant/husband in every manner for filing a petition for divorce by mutual consent and pursue to its logical conclusion.
5. In view of the submission made hereinabove, the present appeal is disposed of along with the pending applications, if any, in terms of the following consent order:
(1) The appellant/husband shall deposit a sum of Rs.3 lakhs in the Registry within two weeks from today. The said amount shall be placed in fixed deposit, initially for a period of two months to be renewed from time to time, till a decree of divorce by mutual consent is filed by the respondent/wife in the Registry for seeking release of the amount deposited by the appellant/husband.
(2) Simultaneously, the parties shall draft a joint petition for divorce by mutual consent and submit it before the Family court. At the time of moving the first motion the petitioners are at liberty to 3 request the Family Court to waive the cooling off period since they have been living separately from the year 1995.
(3) Immediately, after the divorce by mutual consent is granted in favour of the parties, a copy of the said order shall be filed in the Registry and the sum of Rs.3 lakhs deposited by the appellant/husband, shall be released along with the interest accrued thereon in favour of the respondent/wife through counsel, in full and final settlement of all her claims against the appellant/husband.
6. The appeal is disposed of on the above terms along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 10.08.2021 ES/PLN