M Vani Sowjanya vs M. Preetham Mahesh
2021 Latest Caselaw 2178 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.22 of 2019

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


1.     This order is in continuation of the orders passed on

01.07.2021, 08.07.2021 and 15.07.2021. The offer made by the

respondent in the fresh affidavit filed by him under index dated

12.07.2021 was crystalised in para 2 of the order passed on

15.07.2021. In view of some suggestions made to the respondent, he

had sought time to mull over the matter.

2. Today, both the parties are again present. The respondent states

that he cannot go beyond the offer made by him and recorded in para

2 of the order dated 15.07.2021. After some deliberations, the

appellant has agreed that a sum of Rs.20,00,000/-, be paid by the

respondent directly into the account of the daughter of the parties. She

has accepted the offer made by the respondent of continuing to pay the

premium for the Sukanya Samriddhi Yojana policy for the child,

maturity whereof will be in the year 2040, in the range of

Rs.28,50,000/-. Lastly, she has agreed that if the respondent pays the

school fees of the child upto Class XII, then she will not insist on his

taking out another LIC policy for the daughter with the maturity

amount of Rs.20,24,000/-.

3. In view of the aforesaid agreement, it is directed as follows:-

(i) The respondent shall deposit a sum of Rs.20,00,000/-

directly into the Savings Bank Account of the daughter of the parties

on or before 21.08.2021. The details of the bank account shall be

furnished by learned counsel for the appellant directly to the counsel

for the respondent in the course of the day.

(ii) The respondent shall furnish to the respondent a copy of

the Sukanya Samriddhi Yojana policy taken out by him in favour of

the daughter within one week from today. He undertakes that he shall

continue paying the annual premium of Rs.60,000/- towards the said

policy, till the same is due for maturity.

(iii) The respondent undertakes that he punctually shall pay

the school fee of the daughter, who is presently in Class VII, till she

clears Class XII.

4. The respondent shall file an affidavit giving an undertaking that

he shall abide by the terms of settlement, as recorded above, within

one week with a copy to learned counsel for the appellant.

5. In view of the aforesaid settlement, the appellant has agreed

that besides the present case, she shall withdraw all the cases filed by

her against the respondent, details whereof have been furnished in the

affidavit dated 12.07.2021, within two weeks from today. She shall

also render all necessary cooperation to the respondent, as and when

he files an application for seeking quashing of the criminal cases filed

by her against him.

6. The present appeal is disposed of in terms of the aforesaid

settlement along with the pending applications, if any, while making it

clear that if either party reneges therefrom, then besides the aggrieved

party seeking restitution in all manners, the defaulting party shall also

face contempt of court proceedings.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J 22.07.2021 JSU/PLN