Smt. B. Srilatha vs B.Karunakar
2021 Latest Caselaw 713 Tel

Item No.1

      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                 AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
                        F.C.A.No.152 of 2018

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

1.     This order is in continuation of the order passed on 26.02.2021

on which date, learned counsel for the appellant/wife had stated that

the parties were trying to negotiate a settlement on the

respondent/husband     paying    a   onetime    settlement       for   their

thirteen year old girl child in the care and custody of the

appellant/wife, so as to secure her future education and finance her

marriage. Learned counsel for the respondent/husband had stated that

he may be able to persuade his client to increase the offer of Rs.6

lakhs to Rs.10 lakhs, as against the demand of Rs.15 lakhs made by

the appellant/wife. Noting that there was still a gap of about Rs.5

lakhs between the offer for settlement made by the appellant/wife and

the amount offered by the respondent/husband, we had directed both

sides to remain virtually present on the next date of hearing.

2. Today, both the appellant and the respondent are present. The

Court has interacted with both of them. After some negotiation, the

respondent/husband has agreed to pay a sum of Rs.15 lakhs to the

appellant/wife for her as also the minor child of the parties in her care

and custody as a lumpsum settlement. On receiving the said amount,

the parties agree that all the disputes pending between them shall be

settled. It has also been agreed that on receiving the sum of

Rs.15 lakhs, the appellant/wife shall not press for recovery of the

arrears of maintenance due and payable by the respondent/husband to

the tune of Rs.1 lakh (approximately). The parties have agreed that the

respondent/husband shall pay the sum of Rs.15 lakhs to the

appellant/wife in three instalments in the following manner:-

1. First instalment of Rs.5 lakhs on or before 19.03.2021;

2. Second instalment of Rs.5 lakhs on or before 18.04.2021; and

3. Last and final instalment of Rs.5 lakhs on or before 17.05.2021.

3. In case of default of payment of any of the instalments, the

defaulted amount will carry interest @ 12% per annum to be paid by

the respondent/husband to the appellant/wife over and above the

defaulted sum. It has been further agreed that in the event the

respondent/husband does not pay the entire amount within the

timeline fixed above, then the appellant/wife will be entitled to

approach the Court for seeking restoration of the present appeal and

for recovery of the unpaid maintenance.

4. The parties are bound down to the terms and conditions of the

settlement recorded above.

5. Learned counsel for the appellant shall furnish the details of the

Savings Bank Account of the appellant/wife to learned counsel for the

respondent to enable the respondent/husband to remit the amounts

directly into the said account within the timeline fixed above.

6. The present appeal and the pending applications are,

accordingly, disposed of in terms of the settlement arrived at between

the parties. The Court places on record its appreciation for the sincere

efforts made by learned counsel for the parties in assisting the parties

in arriving at a settlement.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J

05.03.2021 Lur/pln