Malpoth Premanand Rathod vs Kasturi Bai
2021 Latest Caselaw 1871 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.503 of 2018

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


1.     Pursuant to the order passed by this Court, learned counsel for

the parties state that the parties had appeared before the Mediator and

a settlement has been arrived at. The Settlement Agreement dated

24.06.2021 has been placed on record wherein, it has been recorded

that the appellant/husband has agreed to pay a sum of Rs.40,00,000/-

to the respondent/wife in full and final settlement of all her claims

against him. The appellant/husband has also agreed that henceforth he

shall not interfere in the personal life of the respondent/wife and nor

will the respondent/wife do so. The parties have agreed that with this

settlement, all their inter se disputes that are pending before the High

Court or elsewhere, shall be closed.

2. We have perused the Settlement Agreement. The same has been

signed by the parties and their respective counsel and the learned

Mediator. Learned counsel for the parties confirm that the

appellant/husband has transferred a sum of Rs.40,00,000/- into the

bank account of the respondent/wife and nothing further is due or

payable by him.

3. The appellant/husband is also present in the virtual hearing. In

view of the fact that the parties have arrived at the aforesaid

settlement of their own free will and volition and without any undue

influence or coercion, the same is taken on record.

4. Nothing further survives in the present appeal, which is

accordingly disposed of along with the pending applications, if any,

with liberty granted to the parties to approach the learned Family

Court by moving a joint petition for divorce by mutual consent. The

parties are also at liberty to request the learned Family Court to reduce

the cooling off period for reasons that may be explained in the

application. It is however made clear that in the event the

respondent/wife does not cooperate with the appellant/husband in

filing and/or pursuing the said joint application, the appellant/husband

would be entitled to seek refund of the sum of Rs.40,00,000/- paid to

her.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J

29.06.2021 JSU/PLN