Orissa High Court
Sasmita Panda @ vs Dipankar Satapathy on 3 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No. 92 of 2020
Sasmita Panda @ .... Appellant
Satapathy
Mr. Ashok Kumar Das, Advocate
-versus-
Dipankar Satapathy .... Respondent
Mr. G.K. Mohanty, Advocate
CORAM:
JUSTICE S. TALAPATRA
JUSTICE M. S. SAHOO
ORDER
Order No. 03.08.2022
16. 1. This matter is taken up through hybrid mode.
2. By means of this appeal filed U/s.19(1) of the Family
Courts Act, 1984, the judgment dated 27.08.2020
passed in C.P. No.357 of 2014 by the Judge, Family
Court, Cuttack has been challenged.
3. The respondent instituted the matrimonial suit
being C.P. No.357 of 2014 for dissolution of marriage
on the ground of cruelty. According to the Judge,
Family Court, the ground of cruelty has been well
established and in consequence of that finding, the suit
was decreed by dissolving the marriage that subsisted
between the parties with direction of payment of
alimony to the extent of Rs. 3,50,000/- (Rupees Three
Lakh & Fifty Thousand) only, out of which,
Rs.2,00,000/- (Rupees Two Lakhs) has been
distributed to the appellant herein and the remaining
Rs.1,50,000/- (Rupees One Lakh) for her daughter. In
this appeal, the determination of the alimony has been
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challenged being unreasonable as by that amount no
decent living can be achieved. Moreover, income of the
respondent has not been appreciated by the Judge,
Family Court.
4. Mr. A.K. Das, learned counsel for the appellant has
quite robustly submitted that from the affidavit filed by
the respondent today (3.8.2022), it would be apparent
that in para-5 of the said affidavit, he has declared that
he has drawn a sum of Rs.59,738/- for the month of
June 2022 and a sum of Rs.58,407/- for the month of
July 2022. As such, it can be deduced safely that the
respondent has been drawing more than Rs.50,000/-
per month. As such the alimony should be determined
on the basis of the said income.
5. Mr. G.K. Mohanty, learned counsel for the
respondent has quite fairly submitted that though the
respondent is presently working in Aurobinda Pharma
Ltd., but no formal letter of appointment has yet been
issued. It is expected that such letter of appointment
will be issued in the month of August, 2022.
6. After interacting with the counsel for the parties and
also considering the opinion of Mr. Mohanty, learned
counsel for the respondent that the respondent has
been maintaining one Insurance Policy with assured
value of Rs.1,10,000/-, in favour of their daughter vide
the Policy No.598216288 dated 17.09.2011, we think
the appropriate alimony would be Rs.20,00,000/-
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(Rupees twenty lakhs), to be paid by the respondent.
Out of that amount, a sum of Rs.8,00,000/- (Rupees
Eight Lakhs) be distributed to the daughter namely
Priyanshi Satapathy and the remaining Rs.
12,00,000/- (Rupees twelve lakhs), shall be paid to the
appellant. The said amount should be paid within a
period of three months from today. The amount that
has been distributed to the daughter (Priyanshi
Satapathy) be paid to the appellant by a term deposit
certificate which can only be encashed by the said
daughter after her attainment of majority. The sum of
Rs. 12,00,000/-be paid in the form of Bank
Draft/Banker's Cheque in favour of the appellant
within the said stipulated period. Charges as regards
the Bank Draft or the Banker's Cheque be borne by the
respondent.
Both the term-deposit certificate and Banker's
Cheque/Draft be submitted before the Registrar
(Judicial).
7. In terms of the above, the judgment dated
27.08.2020 is interfered with and set aside subject to
determination of alimony in the above terms. The
matrimonial suit being C.P. No.357 of 2014 is allowed
on consensus by dissolving the marriage between the
parties.
8. Decree be drawn in terms of the above after the
deposit of the said amount which has been determined
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as permanent alimony, in the mode as directed. After
the decree is drawn, the LCRs be returned.
Affidavit filed by the respondent today is taken
on record.
(S. Talapatra)
Judge
(M.S. Sahoo)
Judge
RRJena/GS
