P.Akshita vs C.Gunanidhi
2021 Latest Caselaw 1996 Tel

Item No.26



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


             I.A.No.2 of 2021 IN/AND F.C.A.No.243 of 2019

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


1.     The present joint application (I.A.No.2 of 2021) has been filed

by the parties seeking permission to place on record the terms of

compromise arrived at by them as recorded in the Memorandum of

Compromise dated 20.03.2021, copy whereof has been enclosed with

the application.    Both parties are present in the office of learned

counsel and have logged into the hearing virtually along with their

counsel.

2.     Learned counsel for the parties state that in terms of the

settlement arrived at between the parties and recorded in the

Memorandum of Compromise dated 20.03.2021, they have agreed

that they shall go for divorce by mutual consent and the

respondent/husband has paid a sum of Rs.3,00,000/- to the

appellant/wife in full and final settlement of all her claims against

him. The parties have also agreed that they shall take steps to close

all other pending matters against each other by filing quashing

applications for which they shall cooperate with each other.

3. This court has perused the Memorandum of Compromise dated

20.03.2021. The same has been signed by the parties and their

respective Advocates. In view of the fact that the parties have arrived

at an out of court settlement of their own free will and volition

without any undue influence or coercion from any quarters, the same

is taken on record. The parties shall remain bound by the terms and

conditions of the settlement. Both the parties are at liberty to file a

joint petition for divorce by mutual consent before the learned Family

Court. They shall also be at liberty to request the learned Family

Court to reduce the cooling off period, in view of the fact that they

have been residing separately since March, 2015.

4. The present I.A is accordingly allowed and disposed of while

binding the parties to the terms and conditions of the settlement. In

the event the appellant/wife does not cooperate with the

respondent/husband in moving a petition for grant of divorce by

mutual consent, the respondent/husband shall be entitled to seek

refund of the amount paid to her by filing an appropriate application.

5. The present appeal is disposed of along with other pending

applications, if any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J 05.07.2021 JSU