Orissa High Court
Pranaya Mohanty vs Mamata Pradhan on 20 July, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA NO.163 OF 2019
Pranaya Mohanty .... Appellant
Mr. A. Mishra, Advocate
-versus-
Mamata Pradhan .... Respondent
Mr.A.P.Das, Advocate
CORAM:
JUSTICE S. TALAPATRA
JUSTICE M.S.SAHOO
ORDER
Order No. 20.07.2022
10. 1. This matter is taken up through hybrid mode.
2. Heard Mr. A. Mishra, learned counsel for the appellant
and Mr.A.P.Das, learned counsel for the respondent.
3. It is stated by the counsel for the parties that this appeal
which has been filed to challenge the judgment dated
08.07.2019 delivered in Civil Proceeding No.22 of 2018 by the
Judge, Family Court, Phulbani may now be disposed of,
inasmuch as, an amicable settlement is struck out in the
mediation, as referred by this Court. Terms of the settlement
has been referred by the mediator by his report dated
11.07.2022.
4. In terms of the said report, today affidavits have been filed
by the parties laying down the conditions of the said
settlement. It has been agreed upon that the parties will
separate themselves and for that purpose they would extend
consent for the decree of divorce. The respondent has agreed
to withdraw all cases, both civil and criminal filed by her and
her relatives, if any. She has further agreed to accept the
permanent alimony of Rs.18,00,000/- (Rupees Eighteen
// 2 //
lakhs) as the final settlement of future maintenance. The
appellant has agreed that he will not pursue the Civil
Proceeding No.49 of 2020 which is pending before the Judge,
Family Court, Bhubaneswar, if this Court passed a decree of
divorce in terms of the settlement as arrived between the
parties.
5. It is noted that this appeal emerges out of the Civil
Proceeding No.22 of 2018 which has been filed by the
respondent-wife (the petitioner in the said proceeding) under
Section 9 of the Hindu Marriage Act for restitution of conjugal
rights.
6. It may be noted that this Court has been apprised that
the Civil Proceeding No.39 of 2019 which has been filed by the
present appellant has been withdrawn.
7. The appellant today, in terms of the settlement, has
produced a banker's cheque drawn on Kotak Mahindra Bank
for an amount of Rs.18,00,000/- in favour of the respondent.
The cheque is handed over to the respondent, namely, Smt.
Mamata Pradhan as payment of the permanent alimony as
settled.
8. We have perused two different affidavits filed by the parties
acknowledging the settlement as arrived at, in the mediation.
We do not find any terms thereof is contrary to Section 23 of
the Indian Contract Act and nor is unconscionable. As such,
the mediation report is accepted. Per consequenti, the
judgment dated 08.07.2019, delivered in C.P. No.22 of 2018
by the Judge, Family Court, Phulbani, stands set aside.
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9. In view of the above observation, the marriage which
was solemnized on 19.12.2016 between the appellant and the
opposite party stands dissolved.
10. The appellant and the respondent shall not interfere in
their respective lives in future. But they will remain obligated
to act upon the conditions of the settlement with all
earnestness. These conditions are in short, binding upon the
parties. Having observed thus, this appeal stands disposed of.
11. The Registry is directed to draw the decree accordingly
and return LCRs forthwith. The affidavits filed by the
respective parties are taken on record. The pending cases as
referred in the affidavits be dropped on presentation of a copy
of this order by the concerned courts.
(S. Talapatra)
Judge
(M.S. Sahoo)
Judge
Gs/Radha
