Telangana High Court
Mahidhar Digumarthy vs Smt. Mallika Akella on 11 June, 2021
Bench: Hima Kohli, B.Vijaysen Reddy
Items No.1-2
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A.Nos.10 of 2019 and 439 of 2018
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1.
Both the appellant/father in F.C.A.No.10 of 2019 and the
appellant/mother in F.C.A.No.439 of 2018 are aggrieved by the
common judgment dated 14.08.2018 passed by the learned Family
Court whereunder, while granting divorce to the parties as prayed for,
permanent alimony of Rs.30,00,000/- has been awarded to the mother
and the minor child, who is presently nine years old. However, the
learned Family Court did not accede to the request of the mother for
granting her permanent custody of the minor child and for payment of
separate maintenance for the child.
2. Pursuant to the order passed on 05.02.2021 in F.C.A.No.10 of
2019, both the parties are present today. We have interacted with them
and their respective counsel and after much back and forth, it has been
agreed that if the father pays a full and final sum of Rs.20,00,000/- in
favour of the minor child within eight weeks from today and gives up
any claim for seeking the child's permanent custody, the mother will
not claim any further amounts from him and she would be agreeable
to visitation rights being granted to the father in respect of the child.
The parties have further agreed that the sum of Rs,20,00,000/-, that
the father has agreed to pay for the child, shall be placed in FDRs and
the interest accrued on the principal amount shall be withdrawn by the
mother for maintaining the child and for his education till he attains
the age of majority.
3. It is therefore directed that the sum of Rs.20,00,000/- (Rupees
twenty lakhs only) shall be paid by the father in favour of the son
through RTGS directly into the account of the mother, for FDRs to be
prepared by her for each instalment. The aforesaid amount shall be
paid by the father in the following manner:-
Sl.No. Amount Rs. On or before
1. 5,00,000/- 25.06.2021
2. 5,00,000/- 09.07.2021
3. 5,00,000/- 23.07.2021
4. 5,00,000/- 06.08.2021
4. It is agreed that any default on the part of the father in
depositing the aforesaid instalments, shall attract interest at the rate of
12% per annum to be paid along with the next instalment. It is further
agreed that since the child has not met the father for a long duration,
he will have to familiarise himself with the child for which, to start
with, a neutral venue would be appropriate. Ms. S. Vani, learned
Advocate has kindly offered her office as a neutral venue to
commence the interaction.
5. Accordingly, it is directed that starting from 20.06.2021, the
mother shall bring the child to the office of Ms. S. Vani, learned
Advocate on every alternate Sunday, at 11.00 AM for the father to
have access to the child. For the first five visits, the father shall spend
one hour with the child. The said timeline shall be extended to two
hours thereafter. If both the parties find that the child is comfortable
with the father, then the venue of the meeting as also the timeline can
be altered/extended, at their discretion. In case of any
differences/disputes on the above parenting plan, the parties can move
an application in the present proceedings for appropriate orders.
6. The parties shall file their respective affidavits undertaking to
abide by the terms and conditions of the settlement, as recorded
hereinabove within one week while exchanging copies with each
other. With the consent of the parties, both the appeals are disposed of
along with the pending applications, if any, on the above lines.
______________________________
HIMA KOHLI, CJ
______________________________
B. VIJAYSEN REDDY, J
11.06.2021
JSU/PLN
