D.Chandra Shekhar vs Smt D.Jayanthi
2021 Latest Caselaw 2386 Tel

Item No.17

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

                            FCA.No.85 OF 2020

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

1.        On the last date of hearing, learned counsel for the appellant has

stated on instructions that his client would be willing to pay a sum of

Rs.5 lakhs each to the two children through the mother. To test his

bonafides, we had directed the appellant to deposit a sum of Rs.1 lakh

each for the two children into the account of the respondent/wife on or

before 30.07.2021. We had also indicated that after the appellant pays

a substantial amount towards the maintenance of the children, this

court would consider passing of orders in respect of his visitation

rights.

2. Today, on enquiring from learned counsel for the appellant as

to the timeline within which the appellant would be in a position to

pay the balance sum of Rs.4 lakhs each to the two children, he states

that his client would need at least six to seven months for paying the

said amount.

3. The said timeline appears to be unreasonable. It has been

suggested to learned counsel for the appellant/husband that if his

client would be willing to pay a sum of Rs.2 lakhs each for the

children if granted a period of one month, immediately on his paying

the said amount, this court will lay down a schedule of the visitation

rights. Learned counsel for the appellant however, expressed the

inability of his client to pay the said amount within a period of one

month. He submits that his client would need at least six to seven

months to pay the entire amount.

4. We are not inclined to give any such indulgence to the

appellant. The appellant shall deposit a further sum of Rs.2 lakhs

towards the maintenance of each of the two children into the account

of the respondent/wife through RTGS on or before 30.09.2021.

5. In view of the statement that was made by learned counsel for

the appellant on 13.07.2021, on instructions received from the

appellant that he is not inclined to press the appeal, the appeal is

disposed of along with the pending applications. However, the aspect

relating to the visitation rights of the appellant qua the children is kept

open for this court to assist the parties to work out a schedule, if

possible.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 16.08.2021 ES/PLN