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Pratima Pradhan @ Biswal v. Akrura Pradhan

Orissa HC21 Apr 2025MATA/99/2024

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; MATA No.99 of 2024; order dated 21.4.2025; Bench B.P. Routray & Chittaranjan Dash, JJ.; matrimonial appeal against Family Court Bhawanipatna judgment dated 19.02.2024 in C.P. No.79 of 2021; divorce decree confirmed; permanent alimony enhanced from Rs.5 lakhs to Rs.8,00,000/-; husband's monthly pension Rs.36,000/-; gratuity Rs.10 lakhs; deposit within two months before Family Court; execution liberty to wife on default.

What did the court decide?

Decree of divorce confirmed; permanent alimony enhanced to Rs.8,00,000/- (eight lakhs) in favour of the appellant-wife, to be deposited by the respondent-husband before learned Family Judge within two months and disbursed to the wife; failing deposit within the stipulated time, the wife is at liberty to execute the same in accordance with law. ¶8

Pratima Pradhan @ Biswal Vs Akrura Pradhan — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the permanent alimony of Rs.5 lakhs granted by the learned Family Judge in favour of the wife is sufficient, or requires enhancement, taking note of the income of the respondent-husband and the daily expenditure of the wife. +1 more

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Court's answer

Taking note of all relevant factors including the age of the parties (husband about 63 years, wife about 56 years), their socio-economic status and places of residence, the permanent alimony of Rs.5 lakhs awarded by the Family Court is enhanced to Rs.8 lakhs in favour of the wife.

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Ratio / Principle

The appeal is disposed of by confirming the decree of divorce granted by learned Judge, Family Court, Bhawanipatna, subject to payment of permanent alimony of Rs.8,00,000/- in favour of the appellant-wife, to be deposited by the respondent-husband before the learned Family Judge within two months and disbursed to the wife; on failure to deposit within the stipulated time, the wife is at liberty to execute the award in accordance with law.

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Detailed headnote1 paragraphs

MATA No.99 of 2024 (High Court of Orissa at Cuttack, order dated 21.4.2025; Bench: B.P. Routray and Chittaranjan Dash, JJ.) — Matrimonial appeal against the judgment dated 19th February, 2024 of learned Judge, Family Court, Bhawanipatna in C.P. No.79 of 2021, whereby a decree of divorce was granted with a direction to pay Rs.5 lakhs towards permanent alimony to the wife. As recorded in the Court's earlier order dated 3rd February 2025, neither party sought disturbance of the divorce decree, and the appellant-wife confined her challenge to enhancement of the permanent alimony. Noting that the respondent-husband, a retired primary school teacher (since 2020), draws a monthly pension of Rs.36,000/- and, per the finding in the impugned judgment, received Rs.10 lakhs towards gratuity besides other retirement benefits; that the husband is aged about 63 years and the wife about 56 years; that the parties had no child born out of the wedlock (the son claimed as adopted being found, on the husband's indirect admission in cross-examination, to have been born out of him through another female, Rita); and taking into account the parties' socio-economic status and places of residence, the Division Bench enhanced the permanent alimony to Rs.8,00,000/-, confirmed the decree of divorce, and directed the husband to deposit the amount before the learned Family Judge within two months for disbursement to the wife, with liberty to the wife to execute the award in accordance with law upon default.

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Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Personal Assistant Reason: Authentication Location: OHC, Cuttack Date: 22-Apr-2025 11:21:26

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IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No.99 of 2024

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…. Pratima Pradhan @ Biswal Appellant Mr. J.R. Dash, Advocate

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-versus-

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Akrura Pradhan …. Respondent

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Mr. B. Panigrahi, Advocate

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CORAM:

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JUSTICE B. P. ROUTRAY

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JUSTICE CHITTARANJAN DASH

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ORDER 21.4.2025

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Order No.

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1. Heard Mr. J.R. Dash, learned counsel for the wife – Appellant and Mr. B. Panigrahi, learned counsel for husband – Respondent.

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Present appeal is directed against the impugned judgment dated 19^th February, 2024 of learned Judge, Family Court, Bhawanipatna passed in C.P. No.79 of 2021.

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In course of hearing, as recorded in our earlier order dated 3^rd February 2025, both parties did not want to disturb the decree of divorce granted by learned Family Judge. The Appellant – wife limits her challenge in respect of enhancement of permanent alimony amount.

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The learned Family Judge while granting decree of divorce has directed for payment of Rs.5 lakhs towards permanent alimony in favour of the wife. According to the wife, such amount granted by learned Family Judge is insufficient taking note of income of the Respondent as well as her daily expenditure.

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Page 1 of 3

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Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Personal Assistant Reason: Authentication Location: OHC, Cuttack Date: 22-Apr-2025 11:21:26

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Admittedly the Respondent – husband had served as primary school teacher and retired from service since 2020. It is admitted on behalf of the Respondent – husband that presently he is getting pension of Rs.36,000/- (thirty-six thousand).

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It is to be noted here that presently the husband is aged about 63 years and the wife is aged about 56 years. As per submissions made by both parties they did not have any child born out of their wedlock. According to the husband, he subsequently has adopted one son who is presently aged about 16 years and residing with him. However, there is a contrary finding to that aspect as seen from the impugned judgment. As per the finding given by learned Family Judge, it has been admitted indirectly by the Respondent during his cross-examination that said son is born out of him through another female, namely Rita. It is also the finding of learned Family Judge that the Respondent –husband in addition to his monthly pension and other retirement benefits got a sum of Rs.10 lakhs towards his gratuity.

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Thus, taking note of all such factors including the age of parties, their socio economic status and places of residence, in our opinion, the amount towards permanent alimony needs to be enhanced. Accordingly the same is enhanced to Rs.8 lakhs.

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The appeal is disposed of confirming the decree of divorce granted by learned Judge, Family Court, Bhawanipatna, subject to payment of permanent alimony of Rs.8,00,000/- (eight lakhs) in favour of the Appellant–wife, to be deposited by the Respondent– husband before learned Family Judge within a period of two months from today, which shall be disbursed to the wife.

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Page 2 of 3

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Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Personal Assistant Reason: Authentication Location: OHC, Cuttack Date: 22-Apr-2025 11:21:26

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