Sushree Smita Rout Vs Prabhanjan Swain

2. The appellant-wife initiated C.P. No.340 of 2022 under Section 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights, whereas the respondent-husband initiated C.P. No. 132 of 2022 under Section 13(1)(i-a) (i-b) of the Hindu Marriage Act, 1955. The learned Judge, Family Court, Jajpur vide its judgment dated 06.12.2024 disposed of both the proceedings by a common judgment, whereby C.P. No. 132 of 2022 has been allowed dissolving the marriage between the appellant-wife and respondent husband and directed the respondent-husband to make payment of Rs.20.0 lakhs to the appellant-wife towards maintenance and permanent alimony for herself and for the minor daughter within a period of three months. The civil proceeding initiated by the appellant-wife for restitution of conjugal rights was dismissed.

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3. Assailing the aforementioned common judgment passed by the learned Judge, Family Court, Jajpur in C.P. No. 132 of 2022 and C.P. No. 340 of 2022, the appellant-wife has filed this present appeal.

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4. When the matter was taken up for hearing on 29.07.2025, the following order was passed:-

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“1. Mr. S.S. Mohapatra, learned counsel for the Appellant and Mr. P.R. Barik, learned counsel for the Respondent, who are present in the Court, suggest that there may be amicable settlement between the parties, as the Appellant has reconciled to the fact that the Respondent has married again after the appeal was filed after a delay of two days.

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2. In view of the deliberations made in the court today, the learned counsel for the Respondent shall obtain instruction as to the Respondent providing another Rs.10,00,000/(Rupees Ten Lakh) apart from Rs.20,00,000/- (Rupees Twenty Lakh) deposited in the court below towards permanent alimony. Out of Rs.30,00,000/- (Rupees Thirty Lakh), Rs. 15,00,000/(Rupees Fifteen Lakh) shall be kept in an interest bearing account in favour of the minor child for her future expenses till she attains majority, and Rs.15,00,000/- (Rupees Fifteen Lakhs) for the wife as permanent alimony, the total amount being Rs.30,00,000/- (Rupees Thirty Lakhs).

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3. List this appeal on 18th August, 2025.”

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5. Series of deliberations had been taken place between the parties, which has been apprised to this Court when the matter was taken up subsequently. Eventually, the parties have settled their dispute out of the Court.

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6. The learned counsels appearing for the parties conjointly submitted that the present appeal could be disposed of with the agreed terms.

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7. The learned counsel for the respondent-husband submitted that pursuant to the judgment of the learned trial court, the respondent-husband has already deposited Rs.20. 0 lakhs towards the maintenance and permanent alimony, as directed by the court below. He has produced the photo copy of the proceeding dated 06.03.2025, which reads as under:-

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“This part file is opened today on the basis of a petition filed by the petitioner-Pravanjan Swain along with photocopy of Judgment passed in C.P. No.132 of 2022 by this Court. In his petition, he mentions that as per direction of this Court, he has already been deposited Rs.20,00,000/(Rupees twenty lakhs) towards maintenance and permanent alimony directly in the account of the respondent-Sushree Smita Rout through RTGS mode in her Odisha Gramya Bank A/c No. 40270100002001 on 05.03.2025 from his ICICI Bank A/c No. 242301001023 (INR) within three months as awarded in the above noted judgment. In that respect he filed list of documents such as 1. Bank statement, 2. Photocopy of Judgment and 3. Deposit money receipt.

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As per endorsement of the learned counsel for the petitioner, copy of the petition could not be served on the respondent side. Original case record in CP No. 132 of 2022 is available in this Court and put up with this part file. Due to full payment of maintenance and permanent alimony (as awarded in CP No. 132 of 2022) has already been transferred through RTGS, there is no necessity to inform the respondent-Sushree Smita Rout. Hence, this part file is enclosed with the original case record for future reference.”

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He further submitted that the amount, which is lying deposited before the learned trial court, may be directed to be released in favour of the appellant-wife in terms of the agreed understanding.

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8. Over and above the aforementioned payment of Rs.20.0 lakhs made by the respondent-husband to the wife-appellant

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towards maintenance and permanent alimony, the respondenthusband has also agreed to open a Recurring Deposit (R.D.) Account in a Nationalized Bank in the name of his minor daughter, namely, Priyanshi Swain. It is stated that the minor daughter was born out of their wedlock on 12.01.2018 and she is prosecuting her studies. The respondent-husband out of his own volition and out of love and affection agreed that he would make sure that substantial amount should be accumulated in the account of his daughter so that by the time she attained her majority the amount could be spent for her education and future prospective. It is agreed between the parties that the respondent-husband would open a R.D. account in State Bank of India, Chandikhole Branch and would deposit Rs.10,000/- (rupees ten thousand) every month up till his daughter attained the age of majority, i.e., on 12.01.2036. The account will be opened in the month of February, 2026 and the respondenthusband shall continue to deposit Rs.10,000/- per month till February, 2036. It is also agreed by the parties that neither the appellant nor the respondent would have the authority to withdraw the amount till the minor daughter attains the age of 18 years. After the minor daughter attained the age of majority, she will take the decision regarding accumulation of the amount in the account along with the interest amount for utilizing the same for her future requirement. Both the respondent-husband and appellant-wife shall be the signatory to the account to be opened in the State Bank of India, Chandikhole Branch. However, the passbook shall be retained by the appellant-wife.

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9. The appellant-wife as well as respondent-husband have filed separate affidavit dated 08.02.2026 and 09.02.2026

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respectively disclosing the number of disputes/cases pending against each other in different court. Both of them through their counsels have undertaken before this Court that they will make sure that all the proceedings are withdrawn forthwith and both of them will extend cooperation for the purpose of moving appropriate application to withdraw/terminate the proceedings initiated.

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10. From the perusal of the affidavits filed by the parties, it is eminent that the following cases are pending:-

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“ 1. DV Execution Misc. Case No. 105 of 2023 arising out of DV Case No. 221 of 2021 (Pending before the learned JMFC, Chandikhole in the district of Jajpur).

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2. Cr. P. Execution Case No. 26 of 2025

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3. Cr. P. Execution Case No. 27 of 2025

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(Arising out of Cr.P. No. 187 of 2019) pending before the learned Judge, Family Court, Jajpur.

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4. RPFAM No. 172 of 2024

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5. RPFAM No. 144 of 2024

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(pending before the High Court)

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6. Criminal Proceeding (Execution) No.118 of 2023

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7. Crl. Revision No. 391 of 2023”

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11. As per the undertaking, both the parties shall move appropriate application before the concerned court within a period of one week so that the cases pending against each other could be terminated. It is also agreed by the respondent-husband that on 25^th February, 2026 or on the following day he will visit the State Bank of India, Chandikhole Branch to open the account, as mentioned above. The appellant-wife has also through her counsel submitted that she will be present in the bank on that day. The respondent-

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husband shall intimate the appellant-wife regarding the date of his visit to the bank for the purpose of opening the account.

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12. The appellant-wife and respondent-husband through their counsels have undertaken that they will be scrupulously follow the terms of settlement they have agreed upon and withdraw the cases initiated against each other and also conjointly take appropriate decision for their daughter’s welfare.

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13. In view of the settlement arrived at between the appellantwife and respondent-husband, the present Matrimonial Appeal is disposed of by upholding the impugned judgment dated 06.12.2024 passed by learned Judge, Family Court, Jajpur in C.P. No. 132 of 2022 and C.P. No. 340 of 2022.

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Issue urgent certified copy as per rules.

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(Manash Ranjan Pathak)

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Judge

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(Sibo Sankar Mishra)

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Judge

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Ashok/Swarna

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Signature Not Verified

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Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 11-Feb-2026 18:13:37

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Sushree Smita Rout v. Prabhanjan Swain

Case brief

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Sushree Smita Rout v. Prabhanjan Swain

Case brief

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What did the court decide?

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