Items No.24-26
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A.Nos.197 & 226 OF 2016
AND
F.C.A.No.79 OF 2017
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. Smt.K.Naga Maheshwari, appellant in F.C.A.Nos.197 and 226
of 2016 and respondent No.1 in F.C.A.No.79 of 2017 is present
virtually before this court along with her counsel.
2. This order is in continuation of the order passed on 22.06.2021 on which date the parties had exchanged offers/counter offers to arrive at a full and final settlement, but in the post lunch session, learned counsel for the respondent/husband did not log into the hearing. Today, learned counsel for the respondent/husband tenders an apology and states that he was under the bona fide impression that the court had adjourned the matter after the second call.
3. Be that at it may, offers and counter offers have been exchanged by the parties and it has been finally agreed that the respondent/husband will pay a sum of Rs.85,00,000/- to the appellant/wife and two children of the parties in the care and custody of the mother, in full and final settlement of all their claims towards maintenance. It has further been agreed that the aforesaid amount shall be paid by the respondent/husband to the appellant/wife in the following manner:
FCA.Nos.197 & 226 OF 2016 & FCA 79 OF 2017 Page 1 of 2 2
Sl.No. Amount On or before
(Rs.)
1. 42,50,000/- 15.07.2021
2. 21,25,000/- 31.07.2021
3. 21,25,000/- 31.08.2021
4. It has further been agreed that in case of any default in paying the instalments on or before the due date, the same shall carry interest at the rate of 12% per annum to be paid by the respondent to the appellant along with the next instalment. If the respondent defaults in paying any instalment within the stipulated time, the present appeals can be revived and the instalments paid to the appellant shall be liable to be forfeited.
5. In view of the aforesaid settlement arrived at between the parties, learned counsel for the appellant/wife states that he does not wish to press the present appeals on merits.
6. The parties are bound down to the settlement recorded above. The appeals are disposed of along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 29.06.2021 Lrkm/vs FCA.Nos.197 & 226 OF 2016 & FCA 79 OF 2017 Page 2 of 2