Dillip K.Mohanty v. Mousumi Das

Orissa HC1 Sept 2025MATA/13/2010

Case brief

AI extract

What is this about?

High Court of Orissa at Cuttack; MATA No.13 of 2010; decided 01.09.2025; dissolution of marriage by amicable mutual settlement on joint application under Order 23 Rule 3 C.P.C. read with Section 13(B) Hindu Marriage Act, 1955; permanent alimony Rs. 12,00,000/- to wife as full and final settlement; no further claims; marriage solemnized 27.01.1999 at Bhubaneswar; appeal allowed and disposed of; modified decree; coram Pathak and Sahoo, JJ.

What did the court decide?

Appeal allowed and disposed of; marriage dissolved pursuant to the parties' amicable settlement; respondent-wife paid ₹12,00,000/- permanent alimony as full and final satisfaction of the decree; all I.A.s disposed of; modified decree to be drawn accordingly. ¶¶20

Dillip K.Mohanty Vs Mousumi Das — Matrimonial and Divorce | Orissa HC (2025)

What the court decided

AI extract

Outcome

¶¶20

Issue for consideration

Whether, on the joint application of the appellant-husband and respondent-wife under Order 23 Rule 3 C.P.C. read with Section 13(B) Hindu Marriage Act, 1955 recording their amicable settlement, the marriage should be dissolved and the appeal allowed and disposed of.

¶¶14

Court's answer

Exercising the power under Order 23 Rule 3 of the C.P.C. and the powers of the appellate Court, the Court directs dissolution of the marriage solemnized between the parties on 27.01.1999 at Bhubaneswar.

¶¶17

Ratio / Principle

The respondent-wife has received ₹12,00,000/- (Rupees Twelve Lakhs) only as permanent alimony, towards satisfaction of the decree and full and final settlement of the matter.

¶¶15

Key takeaways

As stated in the affidavit, there shall be no further claims against each other between the parties.ratio¶¶17
Personal appearance of the parties, as directed by order dated 19.06.2025, stands dispensed with.obiter¶¶19

Detailed headnote1 paragraphs

MATA No.13 of 2010, High Court of Orissa at Cuttack (coram: Manash Ranjan Pathak and Mruganka Sekhar Sahoo, JJ.), decided 01.09.2025. On a joint application (I.A. No.472 of 2025) by the appellant-husband and respondent-wife under Order 23 Rule 3 C.P.C. read with Section 13(B) of the Hindu Marriage Act, 1955, supported by their individual affidavits, recording that the wife had received ₹12,00,000/- (Rupees Twelve Lakhs) only as permanent alimony towards satisfaction of the decree and full and final settlement, and that no further claims would subsist between the parties, the Court exercised its power under Order 23 Rule 3 C.P.C. together with the powers of the appellate Court to dissolve the marriage solemnized on 27.01.1999 at Bhubaneswar, dispensed with the personal appearance earlier directed by order dated 19.06.2025, allowed and disposed of the appeal along with all I.A.s, and directed that a modified decree be drawn accordingly.

Dillip K.Mohanty v. Mousumi Das

Case brief

What is this about?

What did the court decide?

Dillip K.Mohanty v. Mousumi Das

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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