H E Laxmi Bai vs H.E. Shankar
2021 Latest Caselaw 1388 Tel

Item No.11

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

                        F.C.A.No.476 OF 2018

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

1.    On 16.02.2021, at the request of learned counsel for the

appellant, who sought an adjournment to enable the parties to

approach the Lok Adalat for negotiating a settlement, the matter was

adjourned for today.


2.    A letter dated 26.04.2021 has been placed on record by the

Secretary, High Court Legal Services Committee stating inter alia that

neither the parties, nor their counsel appeared before the

Lok Adalat, despite telephonic calls being made to learned counsel for

both sides.


3.    We deprecate the conduct of learned counsel for the parties in

failing to appear before the Lok Adalat. Nor are we impressed by the

submission made by learned counsel for the appellant that his client

had approached the Lok Adalat at Malkajgiri. Even today, the parties

have not reported a settlement though at their request, sufficient time

was given to them.



4.    Further, the records reveal that on 31.01.2018, the Lok Adalat

at Malkajgiri had passed an Award fixing the maintenance payable by

the respondent/husband to the appellant/wife at Rs.9,000/- per month,

commencing from February, 2018 onwards. The parties had also

agreed that they will share the proceeds of the fixed deposit amount of

Rs.8 lakhs (principal amount) in their joint names by approaching the

bank in question and further, that they will not file any criminal case

against each other in the future. Despite the aforesaid settlement, the

present appeal is continuing to be pressed by learned counsel for the

appellant, only on the ground that the respondent has not cooperated

with the appellant by approaching the bank for release of the FDR

amount.

5. As learned counsel for the respondent states he has no objection

in approaching the bank along with the appellant for release of the

FDR amount, the parties shall approach UCO Bank, Malkajgiri

Branch on 03.05.2021 for release of the subject FDR and for receiving

the sale proceeds in equal share in terms of the Award dated

31.01.2018. Learned counsel for the appellant states that there are

arrears of the monthly maintenance payable by the respondent to the

appellant. The respondent shall deposit the arrears of the maintenance

in the account of the appellant within one week from today.

6. Learned counsel for the appellant informs the court that the

appellant has filed a suit for declaration in respect of an immoveable

property against the respondent which she is pursuing. However, the

present appeal be closed.

7. The present appeal is disposed of as not pressed along with the

pending applications, if any. The appellant is at liberty to continue

with the civil suit instituted against the respondent. If the respondent

does not abide by the Award dated 31.01.2018, the appellant shall be

at liberty to seek appropriate legal recourse against him.

_________________ HIMA KOHLI, CJ

______________________ B.VIJAYSEN REDDY, J

28.04.2021 Lrkm