G Rajeshwar Rao vs Krishna Kumari. Sumedha
2021 Latest Caselaw 2102 Tel

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Item No.31

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

                          F.C.A. No.499 of 2017

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

1.    The appellant/husband is aggrieved by an order dated

31.10.2017 passed by the learned Family Court, City Civil Court,

Hyderabad,     allowing     O.P.No.1178     of   2013      filed   by   the

respondent/wife seeking restitution of conjugal rights.

2.    The marriage of the parties was solemnized on 05.11.2008.

There are two daughters from the marriage, aged 12 and 10 years,

who    have   remained      under   the   care   and    custody    of   the

respondent/wife. The parties had separated from December, 2012.

3.    Mr. P. Santosh Kumar Goud, learned counsel for the

appellant/husband and Mr. Vempati Mallikarjun Shastry, learned

counsel for the respondent/wife are present along with the parties.

4.    We are informed that besides the present petition, the

respondent/wife has also filed proceedings under the Domestic

Violence Act and the parties have filed criminal cases also against

each other, which are pending.

5.    We have enquired from the learned counsel for the parties if the

parties are willing to arrive at a one time negotiated settlement.

Learned counsel for the parties have exchanged figures and finally it

has been agreed that the appellant/husband shall pay a sum of


F.C.A. No.499 of 2017                                         Page 1 of 3
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Rs.30,00,000/- (Rs.10,00,000/- to the respondent/wife and

Rs.10,00,000/- each to two daughters) as full and final settlement of

all their claims against him and on his paying the said amount, both

the parties shall close their litigations pending against each other.

6. The agreed sum of Rs.30,00,000/- (Rupees thirty lakhs only)

shall be paid by the appellant/husband to the respondent/wife for

herself and the children in full and final settlement of all their claims,

in the following manner:

           Sl.No.              Amount                On or before
                                 (Rs.)
              1.             10,00,000/-              31.07.2021
              2.             10,00,000/-              31.08.2021
              3.             10,00,000/-              30.09.2021

7. On the appellant/husband depositing the first instalment of

Rs.10,00,000/- through RTGS into the savings bank account of the

respondent/wife, the parties shall move applications before the

concerned courts where cases are pending against each other, for

seeking withdrawal/quashing of the said petitions, as the case may be.

Both the parties shall cooperate with each other in this regard. The

parties shall also file a joint petition for divorce by mutual consent

upon the first instalment of Rs.10,00,000/- being paid by the

appellant/husband to the respondent/wife. It is made clear that in the

event one of the parties reneges from the settlement recorded

hereinabove, then the other side shall be entitled to seek refund and

restoration of status quo, besides filing contempt proceedings against

the defaulting party.

.

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

applications, if any, while binding the parties to the terms of

settlement recorded hereinabove.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 14.07.2021 KTL/PLN