Padmanava Khamari Vs Subhashree Jena@Khamari

2. The appellant-husband and respondent-wife had conjointly filed an application under Section 13(B) of the Hindu Marriage Act, 1955 before the learned Judge, Family Court, Bhadrak seeking dissolution of their marriage, which was solemnized on 06.07.2016 by mutual consent. However, for certain reasons, the respondent-wife did not extend cooperation in prosecuting the jointly instituted motion. Therefore, on 06.09.2024, the learned Judge, Family Court,

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Bhadrak in C.P. No.240 of 2023 dismissed the said motion.

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Being aggrieved and dissatisfied with the said dismissal order, the appellant-husband has preferred the present appeal.

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3. When the appeal was pending before this Court, the parties have settled their dispute and apprise the Court. Therefore, this Court vide order dated 24.09.2025 passed the following order:-

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“1. Pursuant to our observation in the earlier order dated 19.09.2025, the Appellant-wife and Respondent-husband in the marriage are present in person. They have been identified by their respective learned counsels who are also present in Court. Their credentials / identify proofs have also been verified at the entry point of the Court where Entry-Pass is issued. We have talked to both Appellant and the Respondent in the language they speak and understand, i.e. Odia.

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It is rather a happy situation that both the parties have decided to end the acrimony and the litigations between them and they have agreed to part from their matrimonial relationship peacefully. We appreciate the efforts of the learned counsel for the parties to achieve such result.

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A joint affidavit executed by both the Appellant and the Respondent dated 24.09.2025 before the Notary Public, Cuttack is produced in the Court. The original affidavit is handed over to the parties, both of them endorsed their signatures and the contents as well. The paragraphs of the affidavit relevant for the purpose of adjudication are extracted herein-

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“We, 1) Padmanav Khamari, aged about 43 years, S/o. Natabar Khamari, residing At/Vill.Kanpur, PO/PS- Soso, Dist. –Keonjhar, and 2) Subhashree Jena @ Khamari, aged about 37 years, W/o. Padmanava Khamari, At/VillKanpur, PO-PS-Soso, Dist.-Keonjhar, at present residing C/o,. Surendra Jena, Vill-Berhampur, PO-BT Pur, P.S-Agarpada, Dist.-Bhadrak, do hereby solemnly affirm and state as follows –

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That we are the husband and wife and our marriage was solemnized on 06.07.2016 and out of our wedlock a female child was born on dtd.03.06.2017.

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That, in the above said mutual divorce petition we have agreed upon that the Appellant/husband shall pay twenty-one lakh rupees to the Respondent/wife towards her permanent alimony. And, out of which the Appellant has already paid an amount of one lakh fifty thousand by cheque No.”003989” drawn upon Bank of India, Tarini Temple Branch and the Respondent/wife has also received the said cheque and rest amount of Rs.19,50,000/- (Rupees Nineteen lakhs Fifty thousand) shall be paid on the date of final hearing of the said Mutual divorce case.

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That the above matrimonial appeal which has been filed by the Appellant/husband before this Hon’ble Court for set aside the order dtd.06.09.2024 passed in Civil Proceeding Case No.240/2023 by the Judge of Family Court, Bhadrak. And in the aforesaid appeal notice was issued to Respondent/wife and after receiving the said notice, we both after consulting with our family, friends and well-wisher have agreed upon mutually

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to settle our dispute amicably once for all.

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That, as per settlement by and between us the due amount of rupees Nineteen lakhs fifty thousand (Rs.19,50,000/-) has to be paid by the husband/Appellant to the wife/Respondent as per the settlement between us for final disposal of mutual divorce petition.

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That, out of the said balance amount Ten lakhs rupees shall be paid before this Hon’ble Court through Cheque vide Cheque No.862126 and the balance due amount of Nine lakh fifty thousand rupees has to be paid by the Appellant to the Respondent on the date of final order of the mutual divorce petition.”

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We have asked the learned counsel for the Respondent-wife as well as the Respondent in person regarding receipt of the amount of Rs.1,50,000/(Rupees One Lakh Fifty Thousand) by her, the details of which has been stated in paragraph-4 of the affidavit. Towards the rest of the amount of Rs.19,50,000/(Rupees Nineteen Lakh Fifty Thousand), a Cheque is issued by the Appellant-husband favouring the Respondent-wife drawn on State Bank of India, (01086) Anandpur Branch, Dist.Keonjhar dated 24.09.2025 of an amount of Rs.10,00,000/- (Rupees Ten Lakh). Copy of the said Cheque is retained with the record and the original Cheque is handed over to the Respondent-wife. Signifying such acceptance of the Cheque in the court itself, the Respondent shall put her signature in the Office-Note portion of the case brief to be countersigned by her lawyer and the Court-Master. The photo copy of the Cheque, that would be received, shall also be signed by the Respondent being attested by her lawyer and the receipt shall be handed over to the learned counsel for the Appellant.

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We also notice that the Cheque is a MultiCity Cheque payable at Par at All Branches of the State Bank of India. Accordingly, the Respondent shall deposit the same in her Bank Account. Upon deposit of the said Cheque, the same shall be sent for clearance in the Banking Channel and the amount shall be credited to the account of the Respondent-wife by the next date.

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Regarding the rest amount of Rs.9,50,000/(Rupees Nine Lakh Fifty Thousand), it is stated by the Appellant-husband and also by his learned counsel that the amount can be transferred to the account of the Respondent by 17th October, 2025. The Respondent-wife in the marriage shall also get her Savings Bank PassBook Account updated, which will show the credit of the amount of Rs.10,00,000/- (Rupees Ten Lakh) received by her today by way of Cheque and can be produced before us by the next date.

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We also discussed with both the Appellant and the Respondent regarding deposit of a fixed sum towards maintenance of the minor child, a girl child aged about eight years as on date. We have also expressed our view and informed the learned counsel for the Respondent-mother as well as the Appellant appearing in person that the Respondent shall open an Account in the name of the minor girl child, she being the guardian of the child, in the State Bank of India, Agarpada Branch, District – Bhadrak, where the Respondent is having her Account and is operating the same.

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It is submitted by the learned counsel for the Respondent that, as instructed by the Respondent, by the next date an Account shall be opened in the name of the child and the details of the same shall be provided to the Court.

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On consent, list on 17th October, 2025. By the said date, Account shall be opened by the Respondent in the name of her girl child. The parties, if so wish, may remain present in person in Court on the said date. But we have

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exempted personal appearance of the parties, as directed earlier.

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On the next date we will consider regarding the amount that would be deposited in favour of the minor daughter from the marriage. Till then, no further amount to be transferred by the Appellant to the Respondent.”

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4. Pursuant to the aforementioned order dated 24.09.2025, the parties have complied with the terms of settlement. Both the appellant-husband and the respondent-wife appeared before this Court on 11.03.2026 and jointly submitted that the entire agreed amount of Rs.21,00,000/- (rupees twenty-one lakhs) has been paid by the appellant to the respondent. However, one component of the payment to the tune of Rs.9,50,000/- was paid by way of cheque. Therefore, on 11.03.2026, the matter was adjourned to enable the appellant for encashment of the said cheque.

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5. When the matter was taken up today, learned counsel for the respondent-wife submitted that the cheque issued in favour of his client has already been encashed and he has no objection if the appeal is allowed.

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6. In view of the settlement arrived at between the parties as reflected in the preceding paragraph and the fact that the parties have scrupulously complied with the terms of settlement and have undertaken before

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the Court that they would comply each and every term of the settlement to its true spirit, we are inclined to allow the appeal on consent terms.

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7. Accordingly, the impugned order dated 06.09.2024 passed by the learned Judge, Family Court, Bhadrak in C.P. No.240 of 2023 is set aside. The marriage between the appellant-Padmanava Khamari and the respondent-Subhashree Jena @ Khamari solemnized on 06.07.2016 stands dissolved by mutual consent.

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8. With this observation, the MATA is disposed of.

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Registry is directed to communicate this order to the learned Judge, Family Court, Bhadrak forthwith and to draw the decree.

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(Manash Ranjan Pathak) Judge

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(Sibo Sankar Mishra) Judge

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Swarna

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Signature Not Verified