Items No.4-5
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A.Nos.98 & 101 OF 2019
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/husband is aggrieved by the common order dated
15.03.2019 passed by the learned Family court allowing a petition for
restitution of conjugal rights filed by the respondent/wife and
dismissing a petition for divorce filed by him. Admittedly, the parties had got married on 04.02.2005 and had separated in June, 2011 and there is no issue from the marriage.
2. On the first call, both the parties were present and we had interacted with them and their respective counsel and figures and counter figures were exchanged by them whereafter, learned counsel for the appellant/husband had sought a pass over to enable his client to mull over the final offer made by the other side for a full and final settlement.
3. On the second call at 04:50 p.m., learned counsel for the appellant/husband states on instructions that the appellant/husband is willing to pay a sum of Rs.10 lakhs to the respondent/wife in full and final settlement of all her claims against him. The respondent/wife is present along with her counsel and has accepted the said amount F.C.A.Nos.98 & 101 OF 2019 Page 1 of 3 2 subject to the condition that the same is paid to her at the earliest. It has been agreed that parties shall file a joint application for divorce by mutual consent within two weeks from today. On appearing before the Family Court, the appellant/husband has agreed to hand over a sum of Rs.5 lakhs to the respondent/wife towards first instalment of the settlement. The remaining sum of Rs.5 lakhs shall be deposited by the appellant/husband in the Family Court on or before 23.07.2021 and the aforesaid amount shall be released in favour of the respondent/ wife on the second motion of divorce by mutual consent being granted by the Family Court. In the event the respondent/wife reneges from the aforesaid settlement, then she will have to restitute the appellant for the first instalment of Rs.5 lakhs that is received by her on the first motion being allowed by the Family Court. The remaining amount that the appellant/husband has been directed to deposit in the Family court, shall also be refunded to him forthwith.
4. After receiving the aforesaid amount neither parties shall be left with any claim against each other. It is agreed that the respondent/wife shall not press any pending petition against the appellant/husband and shall cooperate with him in quashing of the criminal case pending against him. The respondent/wife shall withdraw any pending cases filed against the appellant/husband and/or his family members and she undertakes not file any case against him or his family members in the future.
F.C.A.Nos.98 & 101 OF 2019 Page 2 of 3 3
5. The present appeals are disposed of along with the pending applications, if any, in terms of the aforesaid settlement.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 14.06.2021 Lrkm/pln F.C.A.Nos.98 & 101 OF 2019 Page 3 of 3