Item No.2
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A.No.76 OF 2006
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. On 09.06.2021, learned counsel for the respondent/husband had
sought time to obtain instructions if he would be agreeable to arriving at a onetime settlement with the appellant/wife and son, who by now, is a major and residing with the mother.
2. Today, the appellant/wife and the respondent/husband are virtually present before this court along with their counsel. Some figures were exchanged between the parties and the matter was passed over.
3. On the second call, in the post lunch session, learned counsel for the respondent/husband states that the respondent/husband has agreed to pay a sum of Rs.6,50,000/- to the appellant/wife in full and final settlement of all her claims against him. He however requests that the said amount may be permitted to be paid in staggered instalments, spreading over three months.
4. Learned counsel for the appellant/wife states on instructions from his client that she is agreeable to the aforesaid offer and submits that if the respondent/husband pays the agreed amount to his client within the suggested timeline, then he has instructions not to press present appeal.
F.C.A.No.76 OF 2006 Page 1 of 2 2
5. In view of the submission made hereinabove, the terms and conditions of the settlement arrived at between the parties are recorded hereinafter.
6. The respondent/husband shall pay a sum of Rs.6,50,000/- (Rupees six lakhs fifty thousand only) to the appellant/wife in full and final settlement of all her claims. The said amount shall be paid in the following manner:
Sl.No. Amount On or before
(Rs.)
1. 2,00,000/- 12.08.2021
2. 2,00,000/- 12.09.2021
3. 2,50,000/- 12.10.2021
7. In case of any default by the respondent/husband in paying the instalments on the agreed dates, he shall pay interest at 9% per annum for the defaulted instalments. It has been further agreed that if the respondent/husband reneges from the settlement arrived at above, then the appellant/wife shall be entitled to seek revival of the present appeal.
8. The present appeal is disposed of along with the pending applications, if any, in terms of the aforesaid settlement while binding down the parties to the same.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 12.07.2021 Lrkm/vs F.C.A.No.76 OF 2006 Page 2 of 2