Dr. Sai Prathima vs Dr. N. Aravind Reddy
2021 Latest Caselaw 2031 Tel

Item No.2



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


                          F.C.A.No.263 of 2018

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


1.     Pursuant to the order passed on 09.06.2021, both the parties are

present along with their respective counsel. Offers and counter offers

have been exchanged by them to arrive at a onetime negotiated

settlement. Finally, the appellant/wife has agreed to receive a sum of

Rs.14,00,000/- as full and final settlement of all her claims against the

respondent/husband. The respondent/husband is agreeable to paying

the aforesaid amount. However, he has requested that due to financial

constraints, the said amount may be permitted to be paid to the3

appellant/wife in instalments.

2. In view of the submission made by learned counsel for the

parties, it is agreed that a sum of Rs.14,00,000/- (Rupees fourteen

lakhs only) shall be paid by the respondent/husband to the

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

following manner:

            Sl.No.             Amount               On or before
                                  (Rs.)
              1.               5,00,000/-             10.08.2021
              2.               5,00,000/-             10.09.2021
              3.               4,00,000/-             10.10.2021

3. As the marriage of the parties has already been dissolved by the

impugned judgment on merits, both the parties agree that in view of

the settlement, the same may be quashed and set aside and they be

permitted to file a joint petition for divorce by mutual consent for

which steps shall be taken within a period of four (4) weeks from

today.

4. The first instalment of Rs.5,00,000/- shall be paid by the

respondent/husband to the appellant/wife after the first motion

application is filed. The parties shall be at liberty to request the

learned Family Court to curtail the cooling off period in view of the

peculiar facts and circumstances of the present case. The parties shall

file affidavits undertaking inter alia that they shall abide by the terms

and conditions of the settlement recorded above. The affidavits shall

be filed within a period of one week from today.

5. The present appeal is accordingly disposed of on the above

terms along with the pending applications, if any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J 07.07.2021 KTL/PLN