Orissa High Court
Kabita Das And Anr vs Rajib Kumar Mohapatra on 29 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No. 145 of 2022
Kabita Das and Anr. ........ Appellants
Mr. K.C. Dash, Advocate
-versus-
Rajib Kumar Mohapatra ...... Respondent
Mr. B. Mohanty, Advocate
CORAM:
JUSTICE S. TALAPATRA
JUSTICE M.S. SAHOO
ORDER
29.08.2022
Order No.
05. 1. This matter is taken up through hybrid mode.
2. Heard Mr. K.C. Dash, learned counsel appearing for
the Appellant as well as Mr. B. Mohanty, learned counsel who
has appeared by virtue of the caveat lodged by the
Respondent.
3. Since Mr. Mohanty, learned counsel has entered in
the appearance in this appeal and has received the notice for
the Respondent, the caveat stands discharged.
4. As agreed by the counsel for the parties, this matter is
taken up for final disposal, as two short points are involved in
this appeal. Those pointes are (i) whether the Appellant is
entitled to alimony and if so, to what extent? and (ii) whether
their only child can get more maintenance from the
Respondent.
5. We have seen the records and the observation made
by the Judge, Family Court, Bhubaneswar in the judgment
dated 19.05.2022 delivered in Civil Proceeding No.976 of
2017. The said judgment is in under challenge in this appeal.
We have also heard the counsel for the parties on those
questions. The Judge, Family Court, Bhubaneswar has
returned his finding on the Issue No.(v), which reads as
follows:
"(v). Is the respondent entitled to get permanent
alimony from the petitioner?"
6. It has been observed by the Judge, Family Court,
Bhubaneswar at Paragraph-7 of the said judgment as follows:
"7. As per the salary certificate of petitioner
for the month of September, 2021, his gross
salary was at Rs.90,145,67 paisa. His net salary
for that month was at Rs.55,974/-. As per
income tax return acknowledgement of the
petitioner for the assessment year 2021-22, his
total incomes to Rs.8,88,090/- and he has paid
taxes of Rs.93,724/-.
Salary slip for the month of June,2021 of the
respondent shows that her gross income was at
Rs.78,156/- and her net income was at
Rs.59,420/-. Income tax returns of the
respondent for the assessment year of 2020-21
shows that her net salary was at Rs.10,40,797/-
and Rs.85,987/- has been paid towards her
income tax.
"Maintenance" in general means keeping
something in good condition.
If claimant has independent income and
sufficient means of maintaining herself, no
amount of maintenance can be granted to her. A
wife who is financially weak and economically
dependent, is entitled to maintenance. In the
instant case, the respondent is found capable
enough to maintain her out of her income shown
above. Since, respondent has independent
income of her own and capable enough to
maintain herself, no amount of maintenance or
permanent alimony can be granted to her. She is
found to be economically more well of than the
petitioner. So, the respondent is not entitled to
get any maintenance or permanent alimony from
the petitioner."
7. Even though, the Judge, Family Court, Bhubaneswar
did not take into consideration the component of preserving
the standard of life, as the Appellant has led in the matrimony.
We find that the income of the Appellant, who was the
Respondent in the proceeding below is almost equal to the
Respondent herein. Therefore, we are not inclined to disturb
the finding of the Judge, Family Court, Bhubaneswar so far
the rejection of claim of alimony is concerned. As the counsel
for the parties have agreed, we enhance the maintenance
allowance for the child from Rs.6,000/- as provided by the
Judge Family Court, Bhubaneswar to the sum of Rs.10,000/-
(Rupees ten thousand) per month. The said sum of
maintenance shall be paid by the Respondent within every 7th
day of the English calendar month by transferring the said
amount to the account of the Appellant.
8. It is made absolutely clear that, the said enhanced
maintenance allowance shall be paid from the month of May,
2022.
9. Mr. B. Mohanty, learned counsel appearing for the
Respondent has submitted that, the sum amount of Rs.6,000/-
was being paid to the bank account of the Appellant. After
computing the maintenance allowance at Rs.10,000/- with
effect from 01.05.2022, the arrear maintenance allowance
shall be paid by the 7th September, 2022 along with the regular
monthly maintenance allowance, as directed by us.
10. Having observed thus, this appeal stands partly
allowed.
11. Draw the decree accordingly.
12. LCRs, if procured, be returned forthwith.
13. Urgent certified copy of this order be granted as per
rules.
(S. Talapatra)
Judge
(M.S. Sahoo)
Judge
Murmu
