Smt. Sowmya Gadila v. Sri. G. Sainath

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA FCA.NO.58 OF 2021 O R D E R (Per the Hon'ble Sri Justice A.Rajasheker Reddy) The appellant herein is the wife, and the respondent is her husband. The respondent - husband filed O.P.No. 1115 of 2016 on the file of Principal Judge, Family Court - cum - Additional Chief Judge, City Civil Court at Hyderabad under Section 13(1)(ia)(iii a) of the Hindu Marriage Act, seeking divorce by dissolution of their marriage. Vide order and decree dated 06.01.2021 the same was allowed. Assailing the same, the wife filed the present appeal.

2. During the pendency of this appeal, the parties were referred to High Court Mediation and Arbitration Centre for arriving at a settlement. The Advocate who was appointed as Mediator and conducted mediation, filed his report dated 30.10.2021 stating that parties have settled the matter amicably. The terms of settlement in the mediators report dated 30.10.2021, which was signed by both the parties and their respective counsel, are extracted as under:

1. Both the parties are present. The appellant and respondent have agreed for settlement.

2. The appellant herein agreed to receive an amount of Rs.10,00,000/- (Rupees ten lakhs only) in 3 instalments. An amount of Rs.5,00,000/- will be first instalment. And the rest in two instalments i.e., Rs.2,50,000/- and Rs.2,50,000/- each.

3. The first instalment of an amount of Rs.5,00,000/- will be paid on or before 30-11-2021, an amount of Rs.2,50,000/- on or before 31-12-2021 and the final amount of Rs.2,50,000/- by 31.01.2022 and the respondent would also pay the compensation amount in MVOP.No.1058 of 2014 on the file of Motor Accidents Tribunal Chief Judge, City Civil Court, Hyderabad.

4. As and when he receives the claim amount as awarded by court in MVOP No.1058 of 2014, he would transfer the same to appellant i.e., Smt. Sowmy Gadila.

5. The appellant will not make any other claim, that is full and final settlement.

3. Today both the parties are present and they produced their original adhar cards for their identity, and they were identified by their counsel. Both the parties submitted that they have settled the matter as per the terms of settlement reported by the mediator.

4. Learned counsel for the respondent - husband also produced photo copy of the cheque bearing No.503541 dated 29.11.2021 for Rs.5,00,000/- (Rupees five lakhs only) drawn on ICICI Bank, (08) Hyderabad, drawn in favour of the appellant - wife and submitted that the same would be handed over to the respondent - wife in terms of the first condition of settlement.

5. Learned counsel for the appellant - wife submits that the appeal may be dismissed as the parties have settled the matter.

6. In view of the above facts and circumstances of the case and the submissions of the learned counsel, and as the parties have arrived at a settlement with regard to permanent alimony as per the report of the mediator dated 30.10.2021, the appeal is liable to be dismissed.

7. Accordingly the appeal is dismissed.

8. Interlocutory applications pending, if any, shall stand closed. No order as costs.

---------------------------------------------------- A.RAJASHEKER REDDY,J ----------------------------------------------------- DR. CHILLAKUAR SUMALATHA,J DATE:16-12-2021 AVS