Minaketan Sahu vs Smt. Reena Sahu
2023 Latest Caselaw 3030 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          MATA No.32 of 2022
            Minaketan Sahu                        .. ....    Appellant
                                               Mr. J. Mohapatra, Advocate
                                 -versus-

            Smt. Reena Sahu                        ...... Respondent
                                                    Mr. A. Das, Advocate

                         CORAM:
                         JUSTICE S. TALAPATRA
                         JUSTICE SAVITRI RATHO
                                 ORDER

10.04.2023 Order No.

05. 1. This matter is taken up through hybrid mode.

2. Heard Mr. J. Mohapatra, learned counsel appearing for the Appellant as well as Mr. A. Das, learned counsel appearing for the Respondent.

3. This is an appeal under Section 19(1) of the Family Courts Act, 1984 challenging the judgment dated 12.01.2022 delivered in C.P. No.05 of 2019 by the judge, Family Court, Nabarangpur. By the said judgment, the marriage that was solemnized on 25.05.2010 between the parties has been dissolved and the consequential decree of divorce has been issued. At the time of issuing the said decree of divorce, a sum of Rs.3,00,000/- (Rupees three lakhs) has been settled as permanent alimony, to be paid by the Appellant. The Appellant has challenged the said quantum of the permanent alimony on the solitary ground that the said quantum is

grossly disproportionate to his financial resources. That apart, the Appellant has quite emphatically stated that the Respondent is also gainfully engaged as a Receptionist of an office and she is earning approximately Rs.10,000/- per month. For the Respondent it has been stated that the amount of permanent alimony is reasonable and does not require interference.

In support of their contentions, a few unexhibited document have been placed before us by both counsel. Those include the computer generated bank transaction scrolls. The reflection as made in those documents is not controverted.

4. We have not admitted those documents as additional evidence. But we interacted with the counsel for the parties to find out a reliable indication to determine the permanent alimony. We find that the permanent alimony as determined by the Judge, Family Court, Nabarangpur if reduced to Rs.2,50,000/- (Rupees two lakhs fifty thousand) will be just, fair and reasonable. Accordingly, we direct the Appellant to pay the said amount of Rs.2,50,000/- (Rupees two lakhs fifty thousand) within three months from today without fail. If there is any failure in payment, we make it absolutely clear that the said amount shall carry interest @ 6% from the date of the decree till realization. Further, the said decree shall be treated as a money decree for realization through the court process. We hope that such situation will never emerge.

5. Having observed thus, this appeal stands partly allowed.

6. Registry is directed to draw the decree in terms of the above.

7. A copy of this order be supplied to the counsel for the parties, free of cost.

8. Mr. Das, learned counsel has assured this court that the Respondent shall take all steps to close all other pending proceedings between the parties.

(S. Talapatra) Judge

(Savitri Ratho) Judge Murmu