This order admits compromise in two matrimonial appeals. The permanent alimony was reduced from Rs. 30 lakhs to Rs. 25 lakhs following the payment of the balance due by the husband. The appeals were dismissed.
Permanent alimony reduced from Rs. 30,00,000/- to Rs. 25,00,000/-; appeals dismissed; settlement conditions adopted.
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MATA No.15 of 2017
MATA No.15 of 2017 &
MATA No.143 of 2016.
Heard learned counsel for the appellant and the learned counsel for the respondent.
Two petitions, i.e., I.A. No.141 of 2019 ( In MATA 15 of 2017) and I.A. No.140 of 2019 ( In MATA No.143 of 2016) have been filed.
It is submitted by learned counsel for both the parties and averred in the above two petitions that there has been an amicable settlement between the appellant and the respondent. The appellant has decided not to challenge the decree of divorce granted by the Judge, Family Court, Bhubaneswar. There are other conditions like payment of permanent alimony of Rs.25,00,000/-(rupees twenty five lakhs) to the appellant–wife. Already Rs.12,50,000/-(rupees twelve lakh fifty thousand) has been paid to the appellantwife by the respondent-husband. Today in the Court respondent-husband handed over a cheque bearing no.797061 dated.13.08.2019 of Rs.12,50,000/-(rupees twelve lakh fifty thousand) to the appellant-wife. A Xerox copy of the same is kept with the signature of the appellant on it and a copy is kept with the learned counsel for the appellant.
Therefore, we, in terms of compromise filed by the parties, dismiss MATA No.15 of 2017 and MATA No.143 of 2016 is partly allowed by modifying the permanent alimony of Rs.30,00,000/- (rupees thirty lakhs) as granted by the Judge, Family Court, Bhubaneswar to Rs.25,00,000/-
(rupees twenty five lakhs) as permanent alimony. There shall be no order as to costs.
Both the MATAs as well as the I.As. are accordingly disposed of. The conditions mentioned in the settlement petition be treated as a part of this order.
………………………... S. K. Mishra, J.
………………………... Dr. A. K. Mishra, J.
AKD/PKS
2 issues framed by the court
Whether the Appeals filed against the divorce decree and alimony award should be dismissed upon payment of compromise amount.
Whether the permanent alimony quantum should be modified from Rs. 30 lakhs to Rs. 25 lakhs upon settlement.
S. K. Mishra
Dr. A. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
