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Item No.31
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A. No.499 of 2017
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/husband is aggrieved by an order dated
31.10.2017 passed by the learned Family Court, City Civil Court,
Hyderabad, allowing O.P.No.1178 of 2013 filed by the
respondent/wife seeking restitution of conjugal rights.
2. The marriage of the parties was solemnized on 05.11.2008.
There are two daughters from the marriage, aged 12 and 10 years,
who have remained under the care and custody of the
respondent/wife. The parties had separated from December, 2012.
3. Mr. P. Santosh Kumar Goud, learned counsel for the
appellant/husband and Mr. Vempati Mallikarjun Shastry, learned
counsel for the respondent/wife are present along with the parties.
4. We are informed that besides the present petition, the
respondent/wife has also filed proceedings under the Domestic
Violence Act and the parties have filed criminal cases also against
each other, which are pending.
5. We have enquired from the learned counsel for the parties if the
parties are willing to arrive at a one time negotiated settlement.
Learned counsel for the parties have exchanged figures and finally it
has been agreed that the appellant/husband shall pay a sum of
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Rs.30,00,000/- (Rs.10,00,000/- to the respondent/wife and Rs.10,00,000/- each to two daughters) as full and final settlement of all their claims against him and on his paying the said amount, both the parties shall close their litigations pending against each other.
6. The agreed sum of Rs.30,00,000/- (Rupees thirty lakhs only) shall be paid by the appellant/husband to the respondent/wife for herself and the children in full and final settlement of all their claims, in the following manner:
Sl.No. Amount On or before
(Rs.)
1. 10,00,000/- 31.07.2021
2. 10,00,000/- 31.08.2021
3. 10,00,000/- 30.09.2021
7. On the appellant/husband depositing the first instalment of Rs.10,00,000/- through RTGS into the savings bank account of the respondent/wife, the parties shall move applications before the concerned courts where cases are pending against each other, for seeking withdrawal/quashing of the said petitions, as the case may be. Both the parties shall cooperate with each other in this regard. The parties shall also file a joint petition for divorce by mutual consent upon the first instalment of Rs.10,00,000/- being paid by the appellant/husband to the respondent/wife. It is made clear that in the event one of the parties reneges from the settlement recorded hereinabove, then the other side shall be entitled to seek refund and restoration of status quo, besides filing contempt proceedings against the defaulting party.
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8. The present appeal is disposed of along with the pending applications, if any, while binding the parties to the terms of settlement recorded hereinabove.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 14.07.2021 KTL/PLN F.C.A. No.499 of 2017 Page 3 of 3