Dr. Sai Prathima v. Dr. N. Aravind Reddy

Item No.2 THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI AND THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY F.C.A.No.263 of 2018 JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli) 1.

Pursuant to the order passed on 09.06.2021, both the parties are present along with their respective counsel. Offers and counter offers have been exchanged by them to arrive at a onetime negotiated settlement. Finally, the appellant/wife has agreed to receive a sum of Rs.14,00,000/- as full and final settlement of all her claims against the respondent/husband. The respondent/husband is agreeable to paying the aforesaid amount. However, he has requested that due to financial constraints, the said amount may be permitted to be paid to the3 appellant/wife in instalments.

2.

In view of the submission made by learned counsel for the parties, it is agreed that a sum of Rs.14,00,000/- (Rupees fourteen lakhs only) shall be paid by the respondent/husband to the appellant/wife in full and final settlement of all her claims in the following manner:

Sl.No.

Amount (Rs.) On or before 1.

5,00,000/- 10.08.2021 2.

5,00,000/- 10.09.2021 3.

4,00,000/- 10.10.2021 F.C.A.No.263 of 2018

3.

As the marriage of the parties has already been dissolved by the impugned judgment on merits, both the parties agree that in view of the settlement, the same may be quashed and set aside and they be permitted to file a joint petition for divorce by mutual consent for which steps shall be taken within a period of four (4) weeks from today.

4.

The first instalment of Rs.5,00,000/- shall be paid by the respondent/husband to the appellant/wife after the first motion application is filed. The parties shall be at liberty to request the learned Family Court to curtail the cooling off period in view of the peculiar facts and circumstances of the present case. The parties shall file affidavits undertaking inter alia that they shall abide by the terms and conditions of the settlement recorded above. The affidavits shall be filed within a period of one week from today. 5.

The present appeal is accordingly disposed of on the above terms along with the pending applications, if any. ______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 07.07.2021 KTL/PLN F.C.A.No.263 of 2018