Item No.2
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A.No.503 of 2018
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. Pursuant to the order passed by this Court, learned counsel for
the parties state that the parties had appeared before the Mediator and
a settlement has been arrived at. The Settlement Agreement dated
24.06.2021 has been placed on record wherein, it has been recorded
that the appellant/husband has agreed to pay a sum of Rs.40,00,000/-
to the respondent/wife in full and final settlement of all her claims
against him. The appellant/husband has also agreed that henceforth he shall not interfere in the personal life of the respondent/wife and nor will the respondent/wife do so. The parties have agreed that with this settlement, all their inter se disputes that are pending before the High Court or elsewhere, shall be closed.
2. We have perused the Settlement Agreement. The same has been signed by the parties and their respective counsel and the learned Mediator. Learned counsel for the parties confirm that the appellant/husband has transferred a sum of Rs.40,00,000/- into the bank account of the respondent/wife and nothing further is due or payable by him.
F.C.A.No.503 of 2018 Page 1 of 2
3. The appellant/husband is also present in the virtual hearing. In view of the fact that the parties have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion, the same is taken on record.
4. Nothing further survives in the present appeal, which is accordingly disposed of along with the pending applications, if any, with liberty granted to the parties to approach the learned Family Court by moving a joint petition for divorce by mutual consent. The parties are also at liberty to request the learned Family Court to reduce the cooling off period for reasons that may be explained in the application. It is however made clear that in the event the respondent/wife does not cooperate with the appellant/husband in filing and/or pursuing the said joint application, the appellant/husband would be entitled to seek refund of the sum of Rs.40,00,000/- paid to her.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 29.06.2021 JSU/PLN F.C.A.No.503 of 2018 Page 2 of 2