Smt.Surnilla Sal Neetha vs Surnilla Bhanu Kishore
2021 Latest Caselaw 1614 Tel

Item No.3



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


                           F.C.A.No.16 of 2021

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


1.     The appellant/wife is aggrieved by the judgment and decree

dated 28.12.2020 passed by the learned Family Court in

F.C.O.P.No.183 of 2016 granting a decree of divorce in favour of the

respondent/husband. The marriage of the parties was solemnised on

01.03.2015. There is no issue from the marriage. They had separated

in the year 2015 itself.

2. On the last date of hearing, we had requested the parties to log

into the hearing. Today, both the parties are present along with their

respective counsel and inform the court that they have arrived at an

out of court settlement only this morning whereunder, the

respondent/husband has agreed to pay a sum of Rs.20,00,000/- to the

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

him, within two weeks from today.

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

from his client, who is present in the hearing, that she has agreed to

receive the aforesaid amount from the respondent/husband in full and

final settlement and will not be left with any claim against him or his

family members, if the said amount is paid to her within two weeks.

4. Both parties state that they will file their respective affidavits,

undertaking inter alia to abide by the terms and conditions of the

settlement recorded hereinabove and request this court to close the

present appeal.

5. In view of the submission made by the parties, who have

logged into the hearing along with their respective counsel and state

that they have arrived at an out of court settlement, whereunder the

respondent/husband has agreed to pay a sum of Rs.20,00,000/- to the

appellant/wife within two weeks, the first instalment of Rs.10,00,000/-

payable on or before 16.06.2021 and the remaining sum of

Rs.10,00,000/- on or before 23.06.2021, no further dispute survives

for adjudication between the parties. The appellant/wife has agreed to

accept the decree of divorce granted by the learned Family Court in

favour of the respondent/husband. The parties are bound down by the

terms and conditions of the settlement.

6. The present appeal is disposed of as not pressed along with the

pending applications, if any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J

11.06.2021 JSU/PLN