Citation : 2021 Latest Caselaw 1870 Tel
Judgement Date : 29 June, 2021
Items No.24-26
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A.Nos.197 & 226 OF 2016
AND
F.C.A.No.79 OF 2017
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. Smt.K.Naga Maheshwari, appellant in F.C.A.Nos.197 and 226
of 2016 and respondent No.1 in F.C.A.No.79 of 2017 is present
virtually before this court along with her counsel.
2. This order is in continuation of the order passed on 22.06.2021
on which date the parties had exchanged offers/counter offers to
arrive at a full and final settlement, but in the post lunch session,
learned counsel for the respondent/husband did not log into
the hearing. Today, learned counsel for the respondent/husband
tenders an apology and states that he was under the bona fide
impression that the court had adjourned the matter after the second
call.
3. Be that at it may, offers and counter offers have been
exchanged by the parties and it has been finally agreed that the
respondent/husband will pay a sum of Rs.85,00,000/- to the
appellant/wife and two children of the parties in the care and custody
of the mother, in full and final settlement of all their claims towards
maintenance. It has further been agreed that the aforesaid amount
shall be paid by the respondent/husband to the appellant/wife in the
following manner:
Sl.No. Amount On or before
(Rs.)
1. 42,50,000/- 15.07.2021
2. 21,25,000/- 31.07.2021
3. 21,25,000/- 31.08.2021
4. It has further been agreed that in case of any default in paying
the instalments on or before the due date, the same shall carry interest
at the rate of 12% per annum to be paid by the respondent to the
appellant along with the next instalment. If the respondent defaults in
paying any instalment within the stipulated time, the present appeals
can be revived and the instalments paid to the appellant shall be liable
to be forfeited.
5. In view of the aforesaid settlement arrived at between the
parties, learned counsel for the appellant/wife states that he does not
wish to press the present appeals on merits.
6. The parties are bound down to the settlement recorded above.
The appeals are disposed of along with the pending applications, if
any.
_________________ HIMA KOHLI, CJ
______________________ B.VIJAYSEN REDDY, J 29.06.2021 Lrkm/vs
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