MATA/56/2017
2021 Latest Caselaw 3932 Ori

                                     MATA NO.56 OF 2017




12.   19.03.2021         Heard learned counsel for the appellant and Mr.N.P.Parija,
                   learned counsel for the respondent.

                   2.    This appeal has been filed by the appellant challenging the
                   judgment dated 17.02.2017 passed by the learned Judge, Family Court,
                   Jajpur in Civil Proceeding No.178 of 2011 whereby the marriage
                   between the appellant and the respondent was dissolved by way of
                   decree of divorce on payment of a sum of Rs.1,00,000/- to the
                   respondent towards her permanent alimony.

                   3.    The appellant has filed Misc. Case No.227 of 2017 along with
                   some documents to consider as additional evidence. It appears from the
                   affidavit sworn by the respondent on 21.01.2017 that she has received a
                   sum of Rs.65,250/- (Rupees Sixty five thousand two hundred fifty only)
                   towards permanent alimony and she will not claim any further monthly
                   maintenance or permanent alimony. However, Mr.Parija, learned
                   counsel for the respondent disputed the aforesaid fact. An objection has
                   been filed by one Sri Arakhita Ojha, who is looking after the case of the
                   respondent. In the said objection it is not stated that the respondent is
                   willing to take the balance amount of permanent alimony.

                   4.      In view of the above, this Court while confirming the decree of
                   divorce passed by the learned Judge, Family Court, Jajpur reduces the
                   quantum of permanent alimony from Rs.1,00,000/- to Rs.65,250/-, since
                   the respondent has received the said amount and she is not willing to
                   take further amount from the appellant.
                         The MATA is accordingly disposed of.
                                                                                .       ..
                                                                               S.Panda, J.

BP . . .

S.K.Panigrahi, J.