The court allowed the appeal partially. The divorce decree was confirmed, but the direction to pay the respondent-wife Rs.3 lakh as future maintenance was set aside on the respondent's consent.
Divorce decree confirmed; Rs.3 lakh future maintenance direction set aside.
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MATA No.24 of 2019
This matter is taken up through Hybrid mode. Heard Mr. D.P. Mohanty, learned counsel for the sole appellant. We have also heard Mr. P.K. Nanda, learned counsel appearing for the sole respondent-wife.
In this case, the appellant assails the award of Rs.3 lakh towards feature maintenance to the respondent-wife upon granting a decree of divorce dissolving their marriage.
At the time of hearing, the learned counsel for the respondent-wife submits that the respondent has no objection, if the appeal is allowed without disturbing the decree of divorce dissolving their marriage between the appellant and respondent. In other words, the respondent concedes that the future maintenance of Rs.3 lakh may be set aside on consent. Mr. P.K. Nanda, learned counsel for the respondent is directed to file a memo to that effect. He undertakes that he will file a memo to that effect during course of the day.
Keeping in view the concession made by the respondent, the appeal is allowed in part. The decree of divorce between the appellant and respondent passed by the learned Judge, Family Court, Baripada in Civil Proceeding No.117 of 2017 is hereby confirmed. However, the direction given by the learned Judge, Family Court, Baripada to the present appellant, respondent before
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him, to pay a sum of Rs.3 lakh as future maintenance is hereby set aside. There shall be no order as to costs.
Accordingly, the MATA is disposed of.
The T.C.Rs. be retuned back to the trial court forthwith.
Urgent certified copy of this order be granted as per rules.
………………………. S. K. Mishra, J.
….……………………… Savitri Ratho, J.
TUDU
1 issue framed by the court
Whether to set aside the direction to pay Rs.3 lakh as future maintenance while confirming the divorce decree.
Appellant
Respondent-wife
S. K. Mishra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
