IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
PRAMILA – Appellant
Versus
NITHIN JOSE – Respondent
MAT.APPEAL NO. 189 OF 2020
| Table of Content |
|---|
| 1. court considers the settlement potential between parties. (Para 1 , 2) |
| 2. respondent's offer of alimony and terms of payment discussed. (Para 3 , 4) |
| 3. finality of the court's ruling based on compliance with settlement terms. (Para 5) |
JUDGMENT Devan Ramachandran, J.
We have considered this Appeal several times in the last two days; and though the learned counsel were vehement in their arguments, we found that there was a chance of settlement between the parties.
2. Consequently, we requested the parties and their learned counsel to explore a settlement - because it was informed to us that the respondent has already married; and if we are to find in favour of the appellant, it would severely prejudice him, particularly when his second wife has filed an application before this Court for impleadment.
3. Today, Sri.C.P.Udayabhanu – learned counsel for the respondent, submitted that his client is willing to accede to the demand of the appellant for Rs.15 lakhs, which can either be treated as alimony, or as a sum to settle, provided she agrees to the decree issued by the learned Family Court being sustained. He, however, prayed that his client be given four months' time to tender or deposit the said amount.
4. Sri.Liffy P.Francis – learned counsel for the appellant, affirmed that his client is ready to accept the above sum as alimony; and for the impugned judgment to be sustained without interdiction, however, praying that, if he defaults payment within the time frame that he has asked for, it be ordered that the Appeal will stand allowed and the impugned judgment set aside.
5. Sri.C.P.Udayabhanu – learned counsel for the respondent, acceded to the afore suggestion fully.
In the afore circumstances, with the consent of both sides, we dispose of this Appeal in the following manner:
(a) The respondent will pay an amount of Rs.15 lakhs to the appellant - either by tendering it to her by way of a Demand Draft/Pay order drawn on a nationalized bank/scheduled bank; or depositing it before the learned Family Court - not later than 31.03.2026.
(b) On the afore amount being tendered/deposited – which shall be construed to be the permanent alimony in favour of the appellant – the impugned judgment and decree of the learned Family Court will stand sustained, though we clarify that the findings therein cannot be treated to cause any stigma to the appellant.
(c) Needless to say, if the respondent defaults payment/deposit of the amount afore, within the time frame granted, then this Appeal will stand allowed; and we record the consent of Sri.C.P.Udayabhanu on behalf of his client in this regard.
(d) We also order, as agreed by the respondent again, that he will pay the amount of Rs.6,000/- as maintenance to the appellant – wife until 31.03.2026, or until he pays/deposits the aforementioned amount.
(e) Finally, should the respondent deposit the above ordered money before the learned Family Court, it is unnecessary to say that the same shall be disbursed to the appellant by it without any avoidable delay.
We place on record our commendation for Sri.Liffy P.Francis and Sri.C.P.Udayabhanu, for having ensured a settlement between their clients, which we are certain augurs well for the system.
Sd/-
DEVAN RAMACHANDRAN JUDGE Sd/-
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