Item No.1
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A.No.152 of 2018
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. This order is in continuation of the order passed on 26.02.2021
on which date, learned counsel for the appellant/wife had stated that
the parties were trying to negotiate a settlement on the
respondent/husband paying a onetime settlement for their
thirteen year old girl child in the care and custody of the appellant/wife, so as to secure her future education and finance her marriage. Learned counsel for the respondent/husband had stated that he may be able to persuade his client to increase the offer of Rs.6 lakhs to Rs.10 lakhs, as against the demand of Rs.15 lakhs made by the appellant/wife. Noting that there was still a gap of about Rs.5 lakhs between the offer for settlement made by the appellant/wife and the amount offered by the respondent/husband, we had directed both sides to remain virtually present on the next date of hearing.
2. Today, both the appellant and the respondent are present. The Court has interacted with both of them. After some negotiation, the respondent/husband has agreed to pay a sum of Rs.15 lakhs to the appellant/wife for her as also the minor child of the parties in her care and custody as a lumpsum settlement. On receiving the said amount, the parties agree that all the disputes pending between them shall be settled. It has also been agreed that on receiving the sum of F.C.A.No.152 of 2018 Page 1 of 3 Rs.15 lakhs, the appellant/wife shall not press for recovery of the arrears of maintenance due and payable by the respondent/husband to the tune of Rs.1 lakh (approximately). The parties have agreed that the respondent/husband shall pay the sum of Rs.15 lakhs to the appellant/wife in three instalments in the following manner:-
1. First instalment of Rs.5 lakhs on or before 19.03.2021;
2. Second instalment of Rs.5 lakhs on or before 18.04.2021; and
3. Last and final instalment of Rs.5 lakhs on or before 17.05.2021.
3. In case of default of payment of any of the instalments, the defaulted amount will carry interest @ 12% per annum to be paid by the respondent/husband to the appellant/wife over and above the defaulted sum. It has been further agreed that in the event the respondent/husband does not pay the entire amount within the timeline fixed above, then the appellant/wife will be entitled to approach the Court for seeking restoration of the present appeal and for recovery of the unpaid maintenance.
4. The parties are bound down to the terms and conditions of the settlement recorded above.
5. Learned counsel for the appellant shall furnish the details of the Savings Bank Account of the appellant/wife to learned counsel for the respondent to enable the respondent/husband to remit the amounts directly into the said account within the timeline fixed above. F.C.A.No.152 of 2018 Page 2 of 3
6. The present appeal and the pending applications are, accordingly, disposed of in terms of the settlement arrived at between the parties. The Court places on record its appreciation for the sincere efforts made by learned counsel for the parties in assisting the parties in arriving at a settlement.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 05.03.2021 Lur/pln F.C.A.No.152 of 2018 Page 3 of 3