Bangaru Joshua vs Smt. B. Rajkumari
2021 Latest Caselaw 1884 Tel

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.171 and 176 of 2007

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


1.     The     present   appeals   have   been    preferred   by    the

appellant/husband being aggrieved by the common judgment dated

29.09.2007, passed by the learned Family Court dismissing a petition

for divorce filed by him and allowing a petition for restitution of

conjugal rights filed by the respondent/wife.

2. The records reveal that the parties had got married on

28.05.1999 and had separated on 09.10.1999. They were blessed with

a son, who by now has attained the age of 20 years. There has been no

interaction between the parties over the past two decades.

3. On the last date of hearing, keeping in mind the aforesaid facts

and circumstances of the case, we had requested the parties to remain

present with the respective counsel. Today, the appellant/husband and

the respondent/wife are present along with their respective counsel.

Offers and counter offers have been exchanged by the parties to arrive

at a one time settlement on the appellant/husband paying a lumpsum

amount to the son of the parties, towards his education, maintenance

etc. We may add here that both the parties are gainfully employed and

therefore, the respondent/wife is not claiming any amount towards her

maintenance from the appellant/husband.

4. The matter was passed over twice. On the third call at 3:15 PM,

both the parties state that they have agreed that on the

appellant/husband paying a sum of Rs.25,00,000/- to the son of the

parties, who resides with the mother, the respondent/wife shall

cooperate with the appellant/husband in moving a joint application for

divorce by mutual consent.

5. The parties have agreed that they shall move a joint petition for

divorce by mutual consent before the learned Family Court within

three weeks. When they appear before the Family Court, the

appellant shall hand over to the respondent, a Demand Draft of the

first instalment of Rs.10,00,000/- (Rupees Ten Lakhs Only) drawn in

favour of the son. The remaining sum of Rs.15,00,000/- shall be

deposited by the appellant/husband directly into the account of his son

within two months from the date of filing the joint application before

the Family Court. In the event the appellant/husband defaults in

paying the first instalment within the stipulated time, the said amount

shall carry an interest at the rate of 12% per annum to be paid along

with the final instalment. The respondent/wife undertakes to cooperate

with the appellant/husband in the expeditious disposal of the petition

for divorce by mutual consent including making a request to the

learned Family Court to curtail the cooling off period in the light of

the fact that the parties have admittedly been residing separately since

October, 1999.

6. Both the parties are bound down by the terms and conditions of

settlement recorded hereinabove. They shall file their respective

affidavits affirming the terms and conditions of the settlement within

one week from today while exchanging copies with each other.

7. The present appeals are disposed of in terms of the settlement

arrived at between the parties along with the pending applications, if

any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J

30.06.2021 JSU/vs