Trupti Rani Nayak Vs Tapan Kumar Acharya — Matrimonial and Divorce | Orissa HC (2025)

Trupti Rani Nayak Vs Tapan Kumar Acharya — Matrimonial and Divorce | Orissa HC (2025)

What the court decided

AI extract

Outcome

Parties directed to act in accordance with the mediation settlement (mutual-consent dissolution, return of gold ornaments, payment of Rs.5,00,000 as one-time permanent alimony, deposit of the daughter's share as fixed deposit, withdrawal of all litigations, and non-interference in each other's personal lives); liberty granted to file a joint petition for mutual divorce under Section 13(B) of the Hindu Marriage Act, 1955 with an application to waive the six-month statutory period, if required.

Issue for consideration

Whether the transfer petition should be disposed of in view of the successful mediation and the settlement arrived at between the parties.

Court's answer

The parties are directed to act in terms of the settlement detailed in the mediation report.

Ratio / Principle

The transfer petition stands disposed of.

Key takeaways

In view of the terms of settlement, the parties are at liberty to move a joint application for divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955 before the court having jurisdiction, along with an application for waiver of the statutory six-month period, if required.ratio¶29

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, TRP(C) No.20 of 2025 (Justice Sanjay Kumar Mishra, order dated 18.11.2025): Transfer petition disposed of following a successful mediation recorded in the Mediation Report dated 16.10.2025. The court directed the parties to act on the nine settlement terms: dissolution of marriage by mutual consent with the appropriate petition to be filed within two months; mutual return of specified gold ornaments with nothing further recoverable; the husband to pay Rs.5,00,000 as one-time full-and-final permanent alimony to the wife and minor daughter Aradhya Priyadarsini through two demand drafts (Rs.3,00,000 to the wife; Rs.2,00,000 to the daughter, to be placed in fixed deposit in a nationalised bank); no future claims over movable or immovable property; withdrawal of all litigations pending in different courts; and non-interference in each other's personal lives. The parties were given liberty to move a joint application for divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955 before the court having jurisdiction, along with an application for waiver of the statutory six-month period, if so required.

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) No.20 of 2025

Trupti Rani Nayak …. Petitioner Mr. K. Gaya, Advocate

-versus-

Tapan Kumar Acharya

…. Opposite Party

Mr.M. S. Sahoo, Advocate

CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

18.11.2025

Order No.

06.

This matter is taken up through hybrid mode.

2. Learned Counsel for the parties are present.

3. The Mediation Report dated 16.10.2025 on record indicates that the mediation has become successful. The terms of settlement, as detailed in para 1 to 9 of the said report, being relevant , are reproduced below:-

“1. That, both the parties have agreed to dissolve their marriage on mutual consent and accordingly, they shall take appropriate step to file appropriate petition within two months before the Court where the Hon'ble High Court will decide.

2. That, both the parties have returned their respective gold ornaments to each other. Accordingly, the petitioner (wife) returned one gold chain and one gold necklace to the Opp. party (husband). The Opp. party (husband) returned eight numbers of gold rings, one pair of ear rings and one gold chain to the petitioner (wife). Both the parties hereby declared that they have nothing

to be recovered any article from each other.

3. That, the Opp. Party (Husband) agreed to pay a sum of Rs.5,00,000/(Rupees five lakhs only) to the petitioner (wife) and her minor daughter namely Aradhya Priyadarsini towards one time full and final settlement as permanent alimony at the time of filing of mutual divorce.

4. That, the opp. party (Husband) will deposit two demand drafts i.e. one DD of Rs.3,00,000/-(Rupees three lakhs only) in favour of petitioner(wife) and another DD of Rs.2,00,000/-(Rupees two lakhs only) in favour of their minor daughter.

5. That, the amount paid in favour of the minor daughter will be deposited as fixed deposit in any nationalized bank.

6. That, after dissolution of marriage neither party shall lay any claim either movable or immovable property against each other.

7. That, both the parties have agreed to withdraw all the litigations filed in different courts against each other and cooperate each other for withdrawal of cases.

8. That, both the parties hereby agreed that they shall not interfere with each other's personal life in any manner whatsoever.

9. The terms and conditions are being read over Opp. Party (husband) and the petitioner (wife) in presence of their counsels, who admit the terms and conditions of settlement are written as per their wish and they agreed to abide by the terms and conditions and thereafter they signed in my presence.”

4. Hence, the parties are directed to act in terms of the said terms of settlements, as detailed in the mediation report.

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5. Accordingly the transfer petition stands disposed of.

6. In view of the terms of settlement, as detailed above, the parties are at liberty to move joint application for mutual divorce under Section 13(B) of the Hindu Marriage Act, 1955 before the Court having jurisdiction to deal with such petition along with application for waiving out the statutory period of six months, if so required.

7. Urgent certified copy of this order be granted on proper application as per rules.

(S.K. MISHRA)

JUDGE

Banita

Signature Not Verified

Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 19-Nov-2025 17:15:47

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