Hari Priya Bandaru vs Sairam Sagar Chiluveru
2021 Latest Caselaw 1386 Tel

Item No.3

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


                         F.C.A.No.115 of 2019

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


1.    This order is in continuation of the order passed on 17.02.2021

on which date, we had directed the parties to remain present to enable

us to assist them in arriving at a negotiated settlement.

2.    Both parties are virtually present today.

3.    After much back and forth, the appellant has agreed to receive a

sum of Rs.10 lakhs (Rupees ten lakhs only) from the respondent in

full and final settlement of all her claims against him and in lieu

thereof, she has agreed to withdraw the present appeal as also the

petition for restitution of conjugal rights filed by her against the

respondent.

4. The respondent is agreeable to pay the aforesaid amount to the

appellant, but requests that he be granted a reasonable time to do so.

5. After discussing the matter with his client, learned counsel for

the respondent states that the respondent will be able to pay a sum of

Rs.10 lakhs to the appellant in two equal instalments i.e., Rs.5 lakhs

(Rupees five lakhs only) within three weeks and the balance sum of

Rs.5 lakhs (Rupees five lakhs only) within three weeks thereafter.

6. The appellant is agreeable to the aforesaid suggestion.

7. Accordingly, the parties have consented for the disposal of the

present appeal on the following terms:

(i) The appellant has agreed not to press the present

appeal. She has also agreed to withdraw the petition for

restitution of conjugal rights registered as

F.C.O.P.No.2940 of 2018 and pending before the Family

Court, Ranga Reddy District at L.B.Nagar.

(ii) In lieu of the aforesaid offer, the respondent has

agreed to pay a lump sum amount of Rs.10 lakhs to the

appellant in the following manner:

(a) Rs.5 lakhs on or before 19.05.2021;

(b) The balance sum of Rs.5 lakhs on or before

09.06.2021;

(iii) The aforesaid amounts shall be deposited by the

respondent in the Family Court, Ranga Reddy District at

L.B.Nagar in terms of the schedule recorded herein

above.

(iv) The appellant has agreed that she shall not claim any

alimony or other amounts from the respondent on

receiving the sum of Rs.10 lakhs, as recorded

hereinabove and nor shall she or her family members file

any other case against the respondent and/or his family

members.

8. Immediately upon the appellant filing the proof of withdrawal

of the petition for restitution of conjugal rights (F.C.O.P.No.2940 of

2018) on moving an application in that regard, the Family Court,

Ranga Reddy District at L.B.Nagar shall release the amounts directed

to be deposited by the respondent in her favour.

9. Both the parties shall file their respective affidavits placing on

record the terms of settlement as recorded herein above and

undertaking to abide by the same. The said affidavits shall be filed

within one week from today. If the affidavits are not filed, the

Registry shall place the matter back before this court for appropriate

orders.

10. The present appeal is, accordingly, disposed of along with the

pending applications, while cautioning the parties that any non-

compliance shall be viewed seriously and shall attract contempt of

court proceedings.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J

28.04.2021 Lur