A. Rameshchandra vs Smt. A. Ramadevi
2021 Latest Caselaw 2326 Tel

Item No.7



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

                           FCA.No.41 of 2008

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


1.     The present appeal is directed against the judgment dated

16.10.2007, passed by the Family court dismissing a petition for

divorce filed by the appellant/husband.

2.     On 20.04.2021, learned counsel for the appellant/husband had

informed this court that the parties had agreed to arrive at a settlement

in the year 2009, subject to the appellant/husband paying a sum of

Rs.4 lakhs to the respondent/wife which amount had been duly

received by her, but subsequently, she had reneged and did not

cooperate with the appellant/husband for filing a petition for divorce

by mutual consent.

3. In view of the stand taken by learned counsel for the

appellant/husband, we have directed both the parties to appear before

this court by order dated 22.06.2021. Today, both the parties are

present. We had passed over the matter to enable them to exchange

offers with each other. On the second call, learned counsel for the

respondent/wife states on instructions from his client that if the

appellant/husband pays a sum of Rs.3 lakhs, over and above the sum

of Rs.4 lakhs that was received by her in the year 2009, she will

extend all necessary cooperation to him for filing a joint petition for

divorce by mutual consent.

4. Learned counsel for the appellant/husband has been able to

persuade his client to accept the aforesaid offer, but he states that in

view of the past conduct of the respondent/wife, the interest of the

appellant/husband may be secured by permitting him to deposit

Rs.3 lakhs in the Registry, to be released in favour of the

respondent/wife only after the petition for divorce by mutual consent

is allowed by the Family Court. The said suggestion is acceptable to

learned counsel for the respondent/wife, who states on instructions

that his client shall cooperate with the appellant/husband in every

manner for filing a petition for divorce by mutual consent and pursue

to its logical conclusion.

5. In view of the submission made hereinabove, the present appeal

is disposed of along with the pending applications, if any, in terms of

the following consent order:

(1) The appellant/husband shall deposit a sum of Rs.3 lakhs in

the Registry within two weeks from today. The said amount shall be

placed in fixed deposit, initially for a period of two months to be

renewed from time to time, till a decree of divorce by mutual consent

is filed by the respondent/wife in the Registry for seeking release of

the amount deposited by the appellant/husband.

(2) Simultaneously, the parties shall draft a joint petition for

divorce by mutual consent and submit it before the Family court. At

the time of moving the first motion the petitioners are at liberty to

request the Family Court to waive the cooling off period since they

have been living separately from the year 1995.

(3) Immediately, after the divorce by mutual consent is granted

in favour of the parties, a copy of the said order shall be filed in the

Registry and the sum of Rs.3 lakhs deposited by the

appellant/husband, shall be released along with the interest accrued

thereon in favour of the respondent/wife through counsel, in full and

final settlement of all her claims against the appellant/husband.

6. The appeal is disposed of on the above terms along with the

pending applications, if any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J 10.08.2021 ES/PLN