Allowed

Priyanka Behera @ Priti v. Narasingh Behera

Orissa HC5 Feb 2024MATA/98/2022

Case brief

AI extract

What is this about?

Miss Ray appeared for the appellant-wife appealing against an ex-parte dissolution order with minor alimony. Respondent-husband re-married. Parties settled on ₹12,00,000/- consolidated alimony and maintenance. Appeal allowed with modification.

What did the court decide?

Appeal allowed. Impugned judgment modified to award ₹12,00,000/- consolidated permanent alimony and maintenance, paid via demand drafts.

Priyanka Behera @ Priti Vs Narasingh Behera — Maintenance and Alimony | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MATA No.98 of 2022

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Priyanka Behera @ Priti

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…. Appellant

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Miss A. Ray, Advocate

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-versus-

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…. Narasingh Behera Respondent

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Mr. Abhilash Mishra, Advocate
JUSTICE ARINDAM SINHA
JUSTICE M.S. SAHOO
ORDER
05.02.2024

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CORAM:

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Order No.

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5. 1 . Miss Ray, learned advocate appears on behalf of appellantwife and submits, her client preferred the appeal against ex-parte judgment dated 25^th February, 2022 made by the family Court. By impugned judgment the marriage was dissolved with direction for permanent alimony.

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2 . It appears from earlier order dated 12^th October, 2023 that submission on behalf of appellant was, she had been driven away from the matrimonial home at Berhampur and was residing in her parental home in district Malkangiri. Respondent-husband was

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working as an employee of the family Court, who had decreed the civil proceeding. Appellant had filed transfer petition but in the meantime impugned judgment stood made. She does not have employment and there is a minor child, three years old. By impugned judgment paltry sum of ₹2,00,000/- was directed for permanent alimony.

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3. Mr. Mishra, learned advocate appears on behalf of respondent-husband. He submits, notice was issued in the civil proceeding. Appellant did not appear in spite thereof. In the circumstances, impugned judgment was made on basis of evidence adduced by his client. There is no error in the judgment for interference in appeal. He submits, his client duly got re-married.

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4. The parties have received assistance from their respective learned advocates and they have agreed that the consolidated permanent alimony and maintenance in respect of appellant and the minor child is to be ₹12,00,000/-. ₹2,00,000/- was already deposited in the family Court by respondent-husband. In this connection we reproduce below text of order dated 18^th December, 2023.

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“ 1. Ms. Ray, learned advocate appears on behalf of appellant-wife and Mr. Mishra, learned advocate, for respondent-husband.

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2. Issue is regarding quantum of permanent alimony. ₹2,00,000/- was directed by impugned judgment dated 25th February, 2022. Mr. Mishra submits, the money was deposited by Demand Draft in the Court below. On query from Court Ms. Ray submits, the Demand Draft is dated 25th February, 2022. It has since lost its validity.

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3. On having heard learned advocates for the parties, we have impression that parties might settle on respondenthusband paying further sum of ₹10,00,000/- (aggregate ₹12,00,000/-) as permanent alimony, to include maintenance for the minor. For purpose of disposal of the appeal, Order No. 04. respondent-husband will apply to the Court below on producing our order to obtain return of the Demand Draft, to be on substituting photo copy thereof, for being presented to the issuing bank for revalidation. Respondenthusband will also produce this order before the issuing bank. The revalidation is to be done since the instrument lost its validity by reason of pendency of the appeal.

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4. Respondent-husband will produce on adjourned date, revalidated Demand Draft for ₹2,00,000/- and another for ₹10,00,000/-, drawn in favour of appellant-wife .

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5. List on 29th January, 2024.”

(emphasis supplied)

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5. Mr. Mishra tenders three demand drafts as per particular

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below.

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(i) Demand draft no.149713 dated 17^th January, 2024

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issued by the State Bank of India in favour of appellant-wife for ₹2,00,000/-.

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(ii) Demand draft no.798590 dated 29^th January, 2024

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issued by the State Bank of India in favour of appellant-wife for

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issued by the State Bank of India in favour of appellant-wife for ₹5,00,000/-.

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Miss Ray submits, she will accept the instruments in full and final settlement of the consolidated permanent alimony as aforesaid on behalf of her client and duly execute receipt to confirm on behalf of

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her client, execution, discharge and satisfaction of the decree for permanent alimony, hereby modified.

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6. In view of aforesaid impugned judgment is modified in appeal to extent of enhancing the permanent alimony to include

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maintenance for the minor child, at ₹12,00,000/-. The permanent alimony has been paid.

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7. Mr. Mishra’s submission is recorded that since modified

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permanent alimony and maintenance has been paid, appellant will not raise future claim alleging change of circumstances.

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8. The appeal is accordingly allowed and disposed of.

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(Arindam Sinha)
Judge
(M.S. Sahoo)
Judge
Radha/Jyostna

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Signature Not Verified

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Digitally Signed Signed by: RADHARANI JENA Designation: Personal Assistant Reason: Authentication Location: ohc Date: 06-Feb-2024 12:17:15

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Priyanka Behera @ Priti v. Narasingh Behera

Case brief

What is this about?

What did the court decide?

Priyanka Behera @ Priti v. Narasingh Behera

Case brief

What is this about?

What did the court decide?

What the court decided

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