Anil Kumar Samal Vs Pratima Behuria — Orissa HC (2024) — LawSathi Research

Anil Kumar Samal Vs Pratima Behuria — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Demand draft no.881857 dated 13th August, 2024 (State Bank of India) for Rs. 19,00,000/- was detached from the file and handed over to the respondent's advocate, who acknowledged receipt, execution, discharge and satisfaction of the Family Court's permanent alimony direction; the appeal was disposed of as nothing remained for adjudication.

Issue for consideration

Whether anything remains for adjudication in the appeal after the parties obtained mutual divorce and the terms, including payment of permanent alimony, were complied with and executed.

Court's answer

Nothing remains for adjudication in the appeal since the parties have obtained mutual divorce and the terms have been complied with and executed.

Ratio / Principle

Clarifying counsel's doubt, the Court stated the demand draft/instrument bearing date 13th August, 2024 is valid for three months, expiring on 14th November, 2024, and directed the respondent to present it for payment forthwith.

Key takeaways

The Court expressed the expectation that the criminal case (CT Case no.2465 of 2023, SDJM Jajpur), for which withdrawal/drop application was submitted, be accordingly disposed of.obiter¶¶24

Detailed headnote1 paragraphs

MATA No.364 of 2023 (Anil Kumar Samal v. Pratima Behuria), High Court of Orissa at Cuttack, order dated 12.11.2024 (Arindam Sinha and M.S. Sahoo, JJ.). Pursuant to this Court's order dated 20th August, 2024, the parties joined to petition the Family Court, which by judgment dated 18th September, 2024 dissolved the marriage solemnized on 27th November, 2017 on mutual consent, one term being payment of permanent alimony of Rs. 19,00,000/-. The appellant (husband in the dissolved marriage) had tendered demand draft no.881857 dated 13th August, 2024 issued by State Bank of India in favour of the respondent. The Court detached the draft from the file and handed it over to the respondent's advocate, who accepted it acknowledging receipt, execution, discharge and satisfaction of the permanent-alimony direction made by the Family Court on the parties' agreement. Addressing counsel's doubt, the Court clarified that the instrument dated 13th August, 2024 was valid for three months, expiring on 14th November, 2024, and directed the respondent to present it for payment forthwith. Noting the submission that an application had been made to withdraw/drop the criminal case pending before the Sub-Divisional Judicial Magistrate, Jajpur (CT Case no.2465 of 2023), the Court expected its disposal and, finding nothing remained for adjudication since the mutual divorce was obtained and the terms complied with and executed, disposed of the appeal.

IN THE HIGH COURT OF ORISSA AT CUTTACK

MATA No.364 of 2023

Anil Kumar Samal …. Appellant

Represented By Adv. – Mr. Prasant Kishore Ray, Advocate -versus- Pratima Behuria …. Respondent

…. Respondent

Represented By Adv. – Mr. Manoranjan Khatua, Advocate

CORAM:

THE HON'BLE MR. JUSTICE ARINDAM SINHA

AND

THE HON'BLE MR. JUSTICE M.S. SAHOO

ORDER

12.11.2024

Order No.

05. 1. Mr. Ray, learned advocate appears on behalf of appellant and

Mr. Khatua, learned advocate for respondent. Mr. Ray submits, pursuant to our order dated 20^th August, 2024 the parties joined to petition the Family Court for mutual divorce. There has been made judgment dated 18^th September, 2024 dissolving the marriage solemnized on 27^th November, 2017, on mutual consent. One of the

terms of the petition was payment of permanent alimony at

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₹19,00,000/-, tender of which stood already made to this Court, by demand draft. Mr. Khatua confirms, his client and appellant joined to obtain the judgment dissolving the marriage.

2. Appellant was husband in the marriage dissolved. On his behalf there was tender of demand draft no.881857 dated 13^th August, 2024 issued by State Bank of India in favour of respondent for ₹19,00,000/-. The demand draft is detached from the file and handed over to Mr. Khatua, who accepts it on submission that he has instruction to do so. He puts his signature on the copy to acknowledge on his client’s behalf, receipt, execution, discharge and satisfaction of the direction for permanent alimony made by the Family Court on agreement by the parties before it. Said judgment dated 18^th September, 2024 records that respondent has no further or other claim against appellant. Mr. Khatua expresses doubt regarding validity of the instrument. We make it clear that the instrument bearing date 13^th August, 2024 is valid for three months and is due to expire on 14^th November, 2024. Respondent will present it for payment forthwith.

3. Since parties have obtained mutual divorce and the terms have been complied with and executed, nothing remains for adjudication in the appeal. Submission at the Bar is that there has already been

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application made to withdraw/drop criminal case pending before the Sub-Divisional Judicial Magistrate, Jajpur being CT Case no.2465 of 2023. We expect the criminal case to be accordingly disposed of.

4. The appeal is accordingly disposed of as above.

(Arindam Sinha) Judge

(M.S. Sahoo)

Judge

Sks

Signature Not Verified

Digitally Signed Signed by: SISIR KUMAR SETHI Reason: Authentication Location: ORISSA HIGH COURT Date: 12-Nov-2024 16:52:10

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