Smt. M .Indira vs Sri M. B. Rajendra Prasad Varma
2021 Latest Caselaw 2065 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.76 OF 2006

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

1.      On 09.06.2021, learned counsel for the respondent/husband had

sought time to obtain instructions if he would be agreeable to arriving

at a onetime settlement with the appellant/wife and son, who by now,

is a major and residing with the mother.

2. Today, the appellant/wife and the respondent/husband are

virtually present before this court along with their counsel. Some

figures were exchanged between the parties and the matter was passed

over.

3. On the second call, in the post lunch session, learned counsel

for the respondent/husband states that the respondent/husband has

agreed to pay a sum of Rs.6,50,000/- to the appellant/wife in full and

final settlement of all her claims against him. He however requests

that the said amount may be permitted to be paid in staggered

instalments, spreading over three months.

4. Learned counsel for the appellant/wife states on instructions

from his client that she is agreeable to the aforesaid offer and submits

that if the respondent/husband pays the agreed amount to his client

within the suggested timeline, then he has instructions not to press

present appeal.

5. In view of the submission made hereinabove, the terms and

conditions of the settlement arrived at between the parties are

recorded hereinafter.

6. The respondent/husband shall pay a sum of Rs.6,50,000/-

(Rupees six lakhs fifty thousand only) to the appellant/wife in full and

final settlement of all her claims. The said amount shall be paid in the

following manner:

             Sl.No.             Amount           On or before
                                 (Rs.)
               1.            2,00,000/-           12.08.2021
               2.            2,00,000/-           12.09.2021
               3.            2,50,000/-           12.10.2021

7. In case of any default by the respondent/husband in paying the

instalments on the agreed dates, he shall pay interest at 9% per annum

for the defaulted instalments. It has been further agreed that if the

respondent/husband reneges from the settlement arrived at above, then

the appellant/wife shall be entitled to seek revival of the present

appeal.

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

applications, if any, in terms of the aforesaid settlement while binding

down the parties to the same.

_________________ HIMA KOHLI, CJ

______________________ B.VIJAYSEN REDDY, J 12.07.2021 Lrkm/vs