Santosh Kumar Behera vs Suchira @ Suchismita Mahallik
2021 Latest Caselaw 6130 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                MATA No.64 OF 2016

            Santosh Kumar Behera                  ....           Appellant
                                             Mr.H.N. Mohapatra, Advocate
                                        -versus-
            Suchira @ Suchismita Mahallik    ....          Respondent
                                    Mr.Satyabrata Mohanty, Advocate.

                      CORAM:
                      THE CHIEF JUSTICE
                      JUSTICE K.R. MOHAPATRA
                                       ORDER

07.06.2021 Order No.

11. 1. This matter is taken up by video conferencing mode.

2. It is seen that in the impugned judgment while granting the decree of divorce, on the consent granted by the Respondent-wife, learned Judge, Family Court, Dhenkanal further directed the Appellant- husband to pay the Respondent-wife permanent alimony of Rs.10.00 lakh within two months of passing of the order.

3. Although notice was issued in the appeal as well as in the application on 15th December 2016, no stay of the above direction of the learned Judge, Family Court, Dhenkanal was granted by this Court. Yet, till date, the Appellant has not even paid one rupee to the Respondent. The only explanation offered by the learned counsel for the Appellant is that the Respondent did not file any execution petition. Nonetheless, without any stay having been granted by this

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Court, the Appellant has virtually enjoyed that very relief by his conduct for over five years now.

4. As far as the Respondent is concerned, her widowed mother has filed affidavit dated 15th April, 2021 before this Court stating that her daughter is receiving treatment for her mental illness and further that although she was transferred, as Junior Engineer, on her request from Dhenkanal to MI Division, Keonjhar on 15th February, 2020 she has been unable to attend office due to her illness. As a result, she has not been paid her salary.

5. In the above circumstances, it is directed that the Appellant shall deposit before this Court a sum of Rs.5 lakhs on or before 5th July, 2021. As soon as the said amount is deposited in this Court, the Registry shall arrange to keep it in a fixed deposit initially for a period of six months.

6. The Appellant shall also file, by the same date, an affidavit disclosing the details of all his moveable assets, i.e., updated statements of all his bank accounts, fixed deposits in his name and the details of the immovable properties in his name. Copies of the income tax returns of the Appellant filed in the last three years also be enclosed with the said affidavit.

7. List on 19th July, 2021.

8. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of

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the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No. 4587 dated 25th March, 2020 as modified by Court's Notice No. 4798 dated 15th April, 2021.

(Dr. S. Muralidhar) Chief Justice s.s.satapathy

( K.R. Mohapatra) Judge