Smt. A. Sreedevi vs A. Ravinder Goud
2021 Latest Caselaw 1190 Tel

Item No.1



      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                   AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                         F.C.A. No.141 of 2006

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.     This order is in continuation of the order passed on 09.04.2021

on which date, the appellant/wife was directed to file her affidavit in

terms of the order passed on 19.03.2021. Learned counsel for the

appellant/wife states that the appellant/wife has filed the affidavit with

a copy to learned counsel for the respondent/husband. This leaves the

affidavit of the son of the parties, who is presently taking his MBBS

examinations in Shimoga and is unavailable. Learned counsel for the

appellant/wife states that it will take at least a month for the son to

complete his examinations and return to Hyderabad for filing the

affidavit.

2. To overcome the aforesaid difficulty, it is deemed appropriate

to direct the son of the parties to have an affidavit drafted, signed and

sworn and forward a photocopy thereof to learned counsel for the

appellant/wife to enable her to file it in the Registry with a copy to the

other side. The original shall be dispatched by him to the counsel

through mail. Immediately on receiving the same affidavit, learned

counsel for the appellant/wife shall file it in the Registry and furnish

another copy thereof to learned counsel for the respondent/husband.

3. In the meantime, the respondent/husband shall deposit the first

instalment of Rs.10,00,000/- in the Registry, instead of handing over

the same directly to the appellant/wife. On filing the affidavit of the

son and showing proof thereof to the Registry, the said first instalment

of Rs.10,00,000/- shall be released in favour of the appellant/wife and

the son, through the counsel on record. As for the second and third

instalments of Rs.10,00,000/- each to be paid on or before 17.06.2021

and 30.07.2021 respectively, in the event the affidavit is filed by the

son, then the said amounts shall be paid by the respondent/husband

directly to the appellant/wife and the son.

4. With these orders, the present appeal is disposed of along with

the pending applications, if any. Needless to state that in case of any

default by either side, the aggrieved party shall be at liberty to

approach this court by filing an application.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J

15.04.2021 JSU/pln