P. Mallesh Kumar vs Kumari Sahasra
2021 Latest Caselaw 2265 Tel

Item No.4



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


                          F.C.A.No.105 of 2019

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


1.     This order is in continuation of the order passed on 29.06.2021

on which date, Mr. C. Damodar Reddy, learned Senior Advocate

appearing for the appellant/father had sought time to obtain

instructions from his client on the arrears of maintenance payable by

appellant/father towards the upkeep of the thirteen year old minor

daughter of the parties (respondent herein), in the care and custody of

the mother.

2. Today, both the parties are present. We have undertaken a

lengthy interaction with them. There are allegations and counter

allegations made by both sides against each other about false cases

being filed against them. Both sides have finally agreed that to buy

peace, the appellant/father shall pay a sum of Rs.45,00,000/- (Rupees

forty five laksh only) to the mother towards a onetime maintenance of

the minor daughter of the parties.

3. We may record here that the mother is a Central Government

employee and is not claiming any maintenance for herself. Both the

parties agree that on the appellant/father paying a sum of

Rs.45,00,000/- to the mother for the upkeep and maintenance of the

child in full and final settlement of all her claims, both the parties shall

withdraw all the cases against each other and cooperate with each

other in seeking quashing of the pending criminal cases. They also

agree that they shall file a petition for divorce by mutual consent

within four weeks from today and cooperate with each other in every

manner.

4. In view of the aforesaid settlement arrived at between the

parties, the appellant/father shall deposit a sum of Rs.45,00,000/-

through RTGS into the account of the mother for the upkeep and the

maintenance of the minor daughter of the parties in the following

manner:-

           Sl.No.              Amount Rs.           On or before
             1.                10,00,000/-         16.08.2021
             2.                10,00,000/-         06.09.2021
             3.                10,00,000/-         27.09.2021
             4.                10,00,000/-         18.10.2021
             5.                 5,00,000/-         31.10.2021

5. It has been further agreed that any default on the part of the

appellant/father in paying the instalment on time, will attract interest

at the rate of 12% per annum for the defaulted period, to be paid along

with the next instalment. Both the parties shall file their affidavits

undertaking inter alia that they shall abide by the terms and

conditions of the settlement recorded hereinabove and shall furnish

the details of the pending cases against them/their family members,

which the other side agrees will be withdrawn. Copies shall be

exchanged with each other. Needful shall be done within one week

from today. It is made clear that if either party defaults or reneges

from the terms of settlement recorded hereinabove, besides facing

contempt of court proceedings, they shall also have to restitute the

aggrieved party, for status quo ante to be restored in every manner.

6. The present appeal is disposed of along with the pending

applications, if any, on the aforesaid terms and conditions of the

settlement, while leaving the parties to bear their own expenses.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J 02.08.2021 JSU/PLN