Disposed

Bimalendu Mishra v. Silpa Mishra

Orissa HC21 May 2024MATA/322/2023

Case brief

AI extract

What is this about?

Cross-appeals by husband and wife against quantum of permanent alimony fixed on dissolution of marriage. On settlement, permanent alimony was modified to ₹12,00,000/-, paid by demand draft to the wife after she withdrew related criminal proceedings. Both appeals were disposed of accordingly.

What did the court decide?

Permanent alimony direction modified to ₹12,00,000/- payable by husband to wife; demand draft handed over; appeals disposed of.

Bimalendu Mishra Vs Silpa Mishra — Maintenance and Alimony | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No.322 of 2023

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MATA No.322 of 2023

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Bimalendu Mishra …. Appellant Represented by Adv.Mr. Akhand, Advocate -versus- …. Silpa Mishra Respondent Represented by Adv.Mr. A.C. Mohapatra, Advocate MATA No.383 of 2023 Silpa Mishra …. Appellant Represented by Adv.Mr. A.C. Mohapatra, Advocate -versus- Bimalendu Mishra …. Respondent Represented by Adv.Mr. Akhand, Advocate

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CORAM:

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THE HON’BLE MR. JUSTICE ARINDAM SINHA AND THE HON’BLE MR. JUSTICE M.S. SAHOO ORDER 21.05.2024

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Order No. 04.

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1. Two appeals have been listed together under heading ‘To Be Mentioned’ as parties have settled the dispute regarding quantum of permanent alimony. The appeals can be disposed of at this stage.

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Page 1 of 3

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2. Mr. Akhand, learned advocate appears on behalf of appellant in MATA no.322 of 2023, whereby his client has preferred the appeal being aggrieved by quantum of permanent alimony directed on dissolution of the marriage. His client was the husband. Mr. Mohapatra, learned advocate appears on behalf of appellant in MATA no.383 of 2023, appeal preferred by wife in the marriage, since dissolved, also on being aggrieved by quantum of permanent alimony directed. Both the appeals are against judgment dated 4^th September, 2023 of the Family Court.

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3. Parties have agreed that permanent alimony be ₹12,00,000/(rupees twelve lakhs). They want modification of impugned judgment to that effect. We reproduce below paragraphs 1 and 2 from order dated 13^th May, 2024.

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“1. Mr. Akhand, learned advocate appears on behalf of the husband and hands up demand draft no. 919592 dated 1^st May, 2024 issued by State Bank of India in favour of the wife for ₹12,00,000/-. With reference to order dated 5th April 2024, made in the wife’s appeal (MATA No. 383 of 2023) he submits, both the appeals be disposed of upon ensuring that the wife withdraws the criminal proceedings initiated by/at her instance. They are DV Misc. Case no. 41 of 2021 pending before J.M.F.C., Kujang and G.R. Case no. 1211 of 2021 pending before same Court.

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2. Mr. Mohapatra, learned advocate appears on behalf of the wife. He submits, now that agreed amount of permanent alimony stands tendered, his client shall take

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Page 2 of 3

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steps to have the criminal proceedings withdrawn/dropped.”

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4. Certified copies of orders both dated 14^th May, 2024 are handed up to show that the criminal proceedings have been withdrawn/dropped.

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5. We modify the direction in impugned judgment for permanent alimony, to be paid by the husband to the wife at ₹12,00,000/- (rupees twelve lakhs). The demand draft is detached from the file and handed over to Mr. Mohapatra. He accepts it on instruction of his client and puts his signature to acknowledge receipt, execution, discharge and satisfaction of our direction made in modification of impugned judgment.

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6. The appeals are accordingly disposed of. We appreciate that settlement regarding quantum of permanent alimony was possible by good offices used of the learned advocates.

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( Arindam Sinha ) Judge

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Prasant

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Signature Not Verified

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Digitally Signed Signed by: PRASANT KUMAR SAHOO Reason: Authentication Location: Orissa High Court Date: 21-May-2024 15:46:00

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Bimalendu Mishra v. Silpa Mishra

Case brief

What is this about?

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Bimalendu Mishra v. Silpa Mishra

Case brief

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What did the court decide?

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