Orissa High Court
Shilpa Samantaray vs Samarendra Biswal on 25 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No. 180 of 2019
An appeal under Section 19(1) of the Family Courts Act, 1984.
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Shilpa Samantaray ..... Appellant
-Versus-
Samarendra Biswal ..... Respondent
For Appellant : Mr.Bidyadhar Mansingh,
Advocate
For Respondent : Mr. Swarup Kumar Patnaik,
Advocate
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P R E S E N T:
THE HONOURABLE SHRI JUSTICE BISWANATH RATH
AND
THE HONOURABLE SHRI JUSTICE M.S. SAHOO
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Date of hearing and judgment: 25.08.2023
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Biswanath Rath, J
1. This appeal is heard on consent of the parties involve
herein on merit.
2. The appeal involve following prayer :
"to admit this appeal, issue notice to the
respondent and upon hearing the parties may be
further pleased to set aside the judgment and order
dated 25.09.2019 passed in C.P. No. 669 of 2016
and CRP No. 272 of 2015 by the learned Judge,
Family Court Cuttack thereby passing an order of
dissolution of marriage between the parties and may
be further pleased to pass such other order/orders,
direction/directions as may deed fit and proper in
the interest of justice."
3. In course of hearing reducing his prayer for the
development taken herein, through the order sheet of this
Court dated 30.06.2023,18.07.2023, 01.08.2023 &
14.08.2023 including one interaction on personal
appearance of both the parties and the outcome of
interaction of the parties recorded therein in the order
dated 1.8.2023 the contest remain in appeal only to the
extent of alimony and/or compensation keeping in view
the protection of best interest of appellant vis-a-vis best
interest of the minor child herein. Shri Mansingh while
taking this Court to the prayer in the writ petition but
confining the challenge to the impugned judgment only to
the extent of increase in the alimony while also keeping in
view the future interest of the child who undisputedly is in
the custody of the appellant-wife herein brings to the
notice of the Court through the stand of the appellant
herein particularly, through paragraphs III, IV & V under
the heading of grounds.
4. It is in the above background also in reference to the
affidavit at the instance of the husband-respondent herein
filed in Court dated 23.8.2023 where the husband-
respondent undertaken in three areas of future prospect
of both the wife and the child involve herein, Shri
Mansingh closed his submission praying this Court for
appropriate decision in the best interest of the minor child
involve herein. There is, however, clear admission that by
virtue of direction in the C.P. No. 669 of 2016 the
husband immediately deposited a sum of Rs.15 lacs in the
Family Court in compliance of condition in grant of
divorce and wife-appellant immediately withdrawn the
sum of Rs.15,00,000/- from the Family Court itself and in
enjoyment of this amount and present appeal is confined
only to consolidate the best interest of the minor child.
5. Shri Patnaik, learned counsel appearing for the
husband in the limited challenge involve herein also in
reference to the orders dated 30.06.2023,18.07.2023,
01.08.2023 & 14.08.2023 and the development taken
through the order dated 1.8.2023 also for the personal
appearance of both the husband and the wife and in the
involvement of the personal interaction with the wife and
husband involve herein brings to the notice of the Court
through paragraph-2 of the order dated 1.8.2023 that as
per the direction of this Court through the order dated
1.8.2023 in compliance thereof the husband-respondent
has already brought on record by way of memorandum
dated 14.8.2023 three drafts, two dated 11.8.2023 bearing
nos.036911 & O36913 amounting to Rs.5,00,000/- and
4,00,000/- respectively and another draft dated 14.8.2023
bearing no. 036936 amounting to Rs.1,50,000/- all in
favour of the minor child, "Shivansh Biswal". Shri
Pattanaik further taking this Court to the disclosure in
the affidavit dated 23.8.2023 through paragraph-3 therein
the husband's preparedness to come up with a Term
Insurance policy to be opened in the SBI Life Insurance
Scheme in the name of appellant for strengthening of the
future of the minor child involve herein covering
Rs.50,00,000/- with accidental rider of Rs.25,00,000/-as
additional accidental death benefit and permanent
disability and rider of Rs.25,00,000/- in case of
permanent disability taking place in wife's life time. Here
Shri Patnaik also took this Court to the undertaking of the
husband through paragraph-4 brings to the notice of the
Court the willingness of the husband through this
affidavit in undertaking the entire burden of the
depositing/remitting the annual school fees, expenses to
study materials prescribed by the institution-Orchids
International School, Bengaluru and the annual
transportation charges of the minor child for pursuing his
studies in the said institution upto completion of his
elementary education. Shri Patnaik, learned counsel
appearing for the husband through the aforesaid, submits
that there has been sufficient protection by way of
financial assistance, also by way of protection of child
through term insurance policy, also by way of depositing
requirements in the education head of the child contends
the Court may consider all these aspects and pass
appropriate order.
6. This Court here likes to take note of the fact that the
proceeding is presently confined to protection of the minor
male child but in custody of wife-appellant. For her own
statement of the wife in the interaction process dated
01.08.2023 she disclosed to be an employed woman and
earning a sum of Rs.30,000/- and odd in working in a
Firm while residing at Bengaluru. The minor child is
studying as a day scholar in the Orchid International
School also in Bengaluru. The child badly need school
fees, transportation fees, purchase of book materials,
clothing, fooding etc. There is clear disclosure by the wife
in the interaction process husband apart from paying a
sum of Rs.15,00,000/- as lump sum compensation has
recently started depositing part of the school fee and is in
telephonic contact with both appellant and minor child.
7. It is in the above background, this Court taking into
account rival contentions as taken hereinabove and also
through their pleading, this Court finds in the first case,
the husband brought a matrimonial dispute before the
Family Court, Cuttack vide Civil Proceeding No. 669 of
2016 taken together with criminal proceeding No.272 of
2015 decided on contest of parties by judgment dated
25.09.2015 and in the ultimate there is following
direction :
"The civil proceeding is allowed on contest without
cost against the respondent. The marriage
solemnized between the petitioner-husband and
respondent-wife dated 18.06.2010 stands dissolved
by a decree of divorce. Taking into consideration, the
necessities of the respondent, the income of the
petitioner, the social status of both parties and the
present cost of living, I direct the petitioner to pay
permanent alimony of Rs.15,00,000/- to the wife-
respondent. In case of non-payment of the aforesaid
permanent alimony by the OP, the wife (respondent)
has at liberty to realize the same under due process
of law."
8. As recorded herein, wife brought the appeal involve
herein and in the process of argument, the contest of the
appeal has been reduced confining the challenge to
permanent alimony aspect while also keeping in view the
future interest of the minor child involve herein. This
Court find consolidating such submission there has been
following claims by way of ground nos.III, IV & V
which reads as follows :
"III For that, as a matter of fact the learned lower
court below has taken note that the couple has been
blessed with a son namely Sivansh but failed to give
any finding about his maintenance. In this regard it
may be submitted that under section 26 of the Hindu
Marriage Act, 1955, it is the duty of the Court to pass
an order or make provisions for maintenance and
education of the minor child. But strangely enough
while passing the judgment and order no provisions
has been made for maintenance and education of the
son. Hence the said order needs reconsideration of
this Hon'ble Court.
IV For that it may not be out of place to mention
here that before the learned Court below the
respondent has openly told that he will transfer the
flat at Satyanagar in the name of his minor son. But
the reason best known that has not been reflected in
the order dated 25.09.2019 and therefore the same
needs reconsideration.
V For that the learned court below has committed
an error of law in not making any provision for the
maintenance and education of the minor son and in
that view of the matter the said order is liable to be
interfered with."
9. This matter is being heard since 30.06.2023 and there
has been so many proceedings at least in the meantime. For
better appraisal the orders dated 30.6.2023, 18.7.2023,
1.8.2023 as well as 14.8.2023 are reproduced as herein
below :
"Order dated 30.06.2023
10. 1. List this matter on 14.07.2023.
In the meantime this Court permit both the learned
counsel to sit over the issue of final payment, if any
in favour of the son for the time being.
Outcome of such effort be intimated to the Court."
"Order dated 18.07.2023
11. 1. Learned counsel for both the parties seek time on the
premises that since the wife is working in an
organization in Bangalore is to be available in the State
on 27.07.2023 onwards and therefore, an adjournment
is sought for to facilitate both parties to find an
amicable settlement between the parties.
2. Considering the request of both the learned counsel,
this matter stands adjourned to 01.08.2023 and at the
same time, this Court while directing the matter to be
listed on 01.08.2023, directs both the parties to remain
present in Court in person. This Court also directs the
husband, the respondent herein either to file a joint
affidavit on mutual agreement on parties or at least to
file the property list and the consent for grant of
appropriate compensation towards permanent alimony
in the appropriate resolution of the matter."
"Order dated 1.8.2023
12. 1. Heard learned counsel for the Appellant and learned
counsel for the Respondent.
2. This Matrimonial Appeal appears to be involving a
challenge to the final judgment in C.P. No.669/2016
and Crl. Proceeding No.272/2015 passed by the
Judge, Family Court, Cuttack. Undisputedly, there
involves a decree for divorce in allowing a sum of
Rs.15,00,000/- (rupees fifteen lakh) as permanent
alimony. In deposit of the permanent alimony, the Wife
has already withdrawn such amount long since. There
is clear statement by the learned counsel for the Wife
that the matter now confines to enhancement of
permanent alimony keeping in view the future of minor
child involved. Taking this Court to the development
taken place in the meantime, the Husband-Respondent
having married to another girl on earlier occasion, the
Wife has already accepted the impugned judgment so
far it relates to her, learned counsel for the Wife-
Appellant in presence of the Wife in the previous
proceeding contended, there was no possibility of re-
union and thus the Appeal remained confined to the
enhancement of permanent alimony aspect.
3. In course of hearing, argument has been advanced
involving the impugned judgment to the extent that
while the Family Court considering permanent alimony
aspect has completely kept the future of the minor child
away from the consideration process and there should
be some protection to the minor child, who is presently
staying with the mother. There has been admission at
Bar that the following direction of the Family Court in
the grant of divorce quantifying the permanent alimony
at Rs.15.00 lakh and the same being deposited, the
Wife has already taken such amount.
4. The direction of the Family Court dated 25.9.2019
issued in C.P. No.669/2016 and Crl. Proceeding
No.272/2015 is extracted hereunder :-
"The civil proceeding is allowed on contest without
cost against the respondent. The marriage
solemnized between the petitioner-husband and
respondent-wife dated 18.06.2010 stands
dissolved by a decree of divorce. Taking into
consideration, the necessities of the respondent, the
income of the petitioner, the social status of both
parties and the present cost of living, I direct the
petitioner to pay permanent alimony of
Rs.15,00,000/- to the wife-respondent. In case of
nonpayment of the aforesaid permanent alimony by
the O.P., the wife (respondent) has at liberty to
realise the same under due process of law
5. Thus presently, the litigation confines to
enhancement, if any, in the permanent alimony keeping
in view the future prospect of the child, who is
presently prosecuting in Class-VI in the Orchids
International School, Bengaluru. In the process of
argument, this Court has also entered into interaction
with the Wife and Husband together keeping away the
Bar from such discussion. In the process of discussion,
it reveals through the Wife that though the Wife was
contributing in respect of the son wholly till 2022 but
however in enjoyment of the amount of Rs.15,00,000/-
granted by the trial court as permanent alimony but
since January of this year, the Husband has started
contributing for the child's education expenditure and
in the process, he has in the meantime deposited 50%
of the educational fee meant for the education year
involving the child involved. The Wife is also fair
enough in admitting that she is in employment but in
receipt of salary nearly Rs.30,000/- per month and she
is staying in a rented house in Bengaluru.
6. On the threadbare discussion with the Wife and
Husband presently, this Court finds, both are
interested to see the welfare of the child and in the
discussion on the claim of the Wife for fixing some
deposits in the name of the minor child to undertake
the child's educational aspect, the Husband volunteers
to go on making deposit of son's annual expenditure
and transport related expenditure annually and
immediately on such exigency. For the Husband
volunteering to meet with his child's educational
expenditure, this Court finds, there is no purpose
keeping any lumpsum for the purpose. In the process,
both have agreed that the Fixed Deposit of a sum of
Rs.10.00 lakh besides the Husband goes on meeting
the educational expenses of the child involved will be
manageable to maintain the future aspect of the child.
Considering the above, this Court directs the Husband
to bring a Draft drawn in the name of the minor child
for a sum of Rs.10,50,000/- (rupees ten lakh and fifty
thousand) in any nationalized bank on the next date.
Wife getting the Draft from this Court will invest a sum
of Rs.10,00,000/- (rupees ten lakh) in a bank account
in the name of the minor child, mother becoming the
guardian in respect of such account will be kept in
Fixed Deposit in the same bank for at least ten years.
Benefit of it shall be enjoyed only by the son after ten
years. This apart, in course of discussion, considering
the other needs in so far as the minor child is
concerned, since there is deposit of 50% of the partly
fee of the minor child involved, we record the consent of
the Husband agreeing to online transfer of the
rest/balance amount and furnishing the deposit proof
on the next date of posting.
7. So far as the future educational expenditure is
concerned, we appreciate the Husband consenting to
go on meeting with future expenditure of the child. So
far as it relates to education and transportation, we
record the willingness of the Husband to go on
depositing the requirement on being communicated
along with proof by the Wife at appropriate time within
seven days of receipt of such notice. The Wife-
Respondent brings to the notice of the Court that there
has been interaction between the son and father
several times but over phone and she has no hesitation
if the Husband is allowed to have visiting right with the
husband and even spending some time with the son
but in vacation time. We also record the undertaking of
the Wife, who is to withdraw all proceedings pending
involving both shall stand terminated on disposal of
this case. Thus the Husband is directed to give
proposal of his visit possibilities to see the son in the
school, in the residence of the Wife further also
spending some time in the possible vacation for
consideration of the Court on the next date of posting.
8. On consent of both the Parties and to facilitate the
Wife to take leave from her Employer and join in the
further proceeding of the litigation in person here on
14.8.2023, we propose to postpone the case to
14.8.2023, on which date the Wife, the Husband and
the Son shall remain present in this Court."
"Order dated 14.8.2023
13. 1. This Court records the statement of Sri Patnaik,
learned counsel for the respondent that there is already
preparation of a Bank Drat to the tune of
Rs.10,50,000/- in the name of child involve herein. The
joint affidavit is in progress could not be sworn to for
the wife having some inconvenience and the minor
child at the same time facing his examination schedule.
2. There is clear statement of the learned counsel for
the wife-appellant that as per the examination
schedule, the examination is going to over by
22.08.2023.
3. This Court directs the learned counsel for the
husband - respondent to bring on record a draft
already prepared place the matter on 16.08.2023 for
further orders."
10. It is keeping in view the aforesaid development, this
Court considers the elaborate order bringing in some
conditions on the husband in the protection of the better
future of both the wife and minor child, the order dated
1.8.2023 was passed only after personal interaction with
both the wife as well as husband and wife and examining the
amount expected by respective the parties and further also
keeping in view the submissions advanced by both the
respective counsel appearing.
11. It is in the above background, today's proceeding is
only a proceeding to attend finality on the issues crept in the
proceeding dated 1.8.2023. Keeping in view further
submissions, this Court find on record there is already
deposit of three drafts through memo dated 14.8.2023 as
indicated in paragraph-5 hereinabove. This apart today in
the proceeding of the hearing, the husband-respondent
herein came to file an affidavit even going beyond the
permission set in the order dated 18.2023 bringing in some
further advantages to both the wife and appearing to be in
the better future interest of the minor child involve herein.
This Court on perusal of affidavit of the husband-respondent
through paragraphs 2, 3 & 4 of the affidavit finds it reveals
as follows :
2. That as per the direction of this Hon'ble Court dated
18.07.2023, I have already filed the affidavit showing
my income, assets and liabilities and furthermore, as per
the direction of this Hon'ble Court dated 01.08.2023 and
in due compliance thereof, I have already deposited three
numbers of demand drafts total amount
toRs.10,50,000/- (Rupees ten lakh fifty thousand) only
drawn in the name of Shivansh Biswal the minor son of
the parties leaving that aside, the receipt of transactions
of payments made my me towards the school fees and
transportation charges of the minor child in the
meantime.
3. That leaving aside the above, I am also proposing
to subscribe and pay the yearly premium of Rs.11,336/-
for a period of 29 years, Term insurance policy in the
name of the Appellant covering Rs.50,00,000/- with
Accidental rider of Rs.25,00,000/- as accidental death
benefit and permanent disability rider for Rs.25,00,000/-
in case of permanent disability. Copy of such proposed
insurance policy is enclosed herewith for kind perusal of
this Hon'ble Court.
4. That I hereby undertake to bear and liable to
deposit/remit the yearly school fees, study materials
and the yearly transportation charges of my minor son
for pursuing his studies at Orchids International School,
Bengaluru up to completion of his elementary education
as and when due or required without any fail at present
and in future till he continues/completed his elementary
education at the said school as well as shall contribute to
the cost of higher education of the minor child at future
time from out of my proportionate income depending
upon my future income and liabilities which I owes
towards the dependants of my present family, subject to
withdrawal of two proceedings initiated by appellant
(wife) against me bearing Civil Proceeding No.51 of 2021
and Criminal Proceeding No.93 of 2021 now pending
before the learned Judge, Family Court at Cuttack.
12. Considering the above, this Court find there is not only
compliance of the direction in the order dated 1.8.2023 in so
far reservation of money on the future and in best interest of
the minor child but through paragraph-3 this Court find the
husband is making an additional undertaking by way of
term insurance policy in the name of appellant herein
covering death rider, accidental rider and accidental death
benefit and permanent disability rider to the extent
Rs.50,00,000/-, Rs.25,00,000/- & Rs.25,00,000/-
respectively, this Court observe this is definitely in the better
interest of the minor child involve herein and appreciate the
attempt of the husband ensuring a strong future of the
minor child and undisputedly a right gesture by way of love
and affection of a father for the minor child involved herein.
This apart there has also been further promises in the best
interest of the appellant as well as the minor child involved
herein.
13. Keeping the above in view, this Court is satisfied with
the endeavour of the husband while recording the bona fide
attempt of the respondent the father of the minor child while
also keeping in view that the wife-appellant is already in
receipt of a sum of Rs.15,00,000/- (Fifteen Lacs) since 2019
and we are now in 2023. Further the wife is also an working
lady and looking to the limited nature of relief on husband-
respondent already complied his responsibility as an
outcome in the C.P. proceeding and wife-appellant also
taking away the permanent alimony since 2019 and fighting
only for the interest of the minor child. To avoid any future
conflict, this Court now proceed to consolidate the directions
in disposal of the appeal as follows :
i. Wife is already in receipt of a sum of Rs.15,00,000/-
directed by way of permanent alimony paid to the wife
by the judgment of the Family Court dated 25.9.2019 in
C.P. No. 669/2016 & CRP No. 272/2015 and is in
enjoyment of this amount and interest, if any over such
amount. This Court records this amount is already in
the entitlement of the wife-appellant herein and the
wife-appellant may be in use of this amount for herself
and also on minor child.
ii. Following the development through personal
interaction and as recorded in the proceeding dated
1.8.2023, the husband-respondent has deposited herein
all total three drafts, two drafts dated 11.8.2023 bearing
nos.036911 & O36913 amounting to Rs.5,00,000/- and
4,00,000/- respectively and another draft dated
14.8.2023 bearing no. 036936 amounting to
Rs.1,50,000/- in favour of the minor child, "Shivansh
Biswal". Considering all these deposits, in the
protection of the future of the minor child herein, this
Court feels it appropriate and in the better future
interest in the minor child, all these three deposits be
returned to the father-respondent by the Court Master
but, however, after keeping xerox of all such drafts and
endorsement of the respondent or his counsel Sri
Swarup Kumar Patnaik by Wednesday. Husband-
respondent is to utilize the amount under these three
drafts by way of fixed deposit in the name of minor
child, "Shivansh Biswal" with condition to bring the
fixed deposit for at least ten years, long term with
highest interest accrued in a nationalized Bank, further
with the condition for release of such draft amount
along with interest will be only on the joint signature of
the minor child, who will be major at the time of drawal
and the father/respondent herein. It is made clear this
amount along with interest to be accrued after ten years
of deposit/purchase of bank draft purely to the
advantage of the minor child and for the purpose of
necessities at the end of the minor child. For the SBI,
Chandrasekharpur will remain the banker,
It is the responsibility of the respondent-
Samarendra Biswal to bring copy of the judgment of this
Court in the preparation of fixed deposit to the S.B.I.,
Baramunda Branch for working out the direction
hereinabove for their appropriate preparation of the
Bank draft along with condition stated herein. The
preparation of the Bank draft be completed within seven
days of the receipt of this judgment and original of the
F.D. be retained with the father only a copy of the fixed
deposit along with terms and conditions of the release
of the fixed deposit being supplied by the Bank be
furnished to the Registry of this Court within seven days
thereafter but by way of affidavit as well as the appellant
in her address provided herein.
iii. This Court here finds apart from the undertaking
through paragraphs-2 and 3 of the affidavit, there is
also some amount already given. This apart there is
already deposit of Rs.1,23,000/- towards education
expenses of the child, proof of which is appended as
Annexure-A to the affidavit on assets and liabilities of
the respondent herein dated 14.08.2023. This is in the
better interest of the child which also appears in its
reference in the joint affidavit on memorandum of
discussion held on 27.07.2023 also find place on record.
Benefit by way advancement of Finance if any, shall all
be in addition to the benefit accrued in the final
outcome of C.P. No. 676 of 2016 and has nothing to do
with the benefits taken note herein.
iv. Through the paragraph-3 of the affidavit dated
23.08.2023, this Court record the husband-
respondent's undertaking to bring a Term Insurance
Policy in the name of appellant covering Rs.50,00,000/-
for death rider, Rs.25,00,000d/- as accidental/
accidental death benefit and permanent disability rider
for Rs.25,00,000/- in case of permanent disability. This
Court directs the husband to go ahead with preparation
of Terms Insurance policy with signature of the
appellant necessary to complete the shopping of the
Term Insurance policy at least within a period of one
month which is however subject to respondent sending
necessary form with clear marking at desired place/s for
signature of appellant with sufficient communication of
any document and information if any, required to take
support through such application at least seven days of
the judgment and the wife returning the signed form
along with necessary documents and information, if
any, to support shopping of Term Insurance Policy
within three days of her receipt of such communication.
On receipt of which, the respondent shall complete all
formalities and on receipt of the Term Insurance Policy
shall keep xerox copy of the policy with him and remit
the original in the address of the appellant for her
preservation and future utilization. Burden of annual
deposits/premium instalments regularly is with the
respondent herein, while also sending copy of the same,
being part of a further affidavit to be filed in the Registry
of this Court by filing the same at least within seven
days of shopping of the Term Insurance Policy. Further
annual receipts shall also be transmitted immediately
after such deposit but in the address of the
wife/appellant, updation of address for the purpose of
communication, if any, is the responsibility of the
wife/appellant.
v. Taking cue from the undertaking of the husband
through paragraph-5 of the affidavit, this Court direct
the respondent herein has already undertaken through
the affidavit to give a deposit/remit if permissible
through RTGS directly to the institution of the child-
Orchids International School, Bengaluru the annual
school fees and study material expenses, examination
deposits, if any, for School only on a notice being put by
the wife along with the communication of the
institution on such deposit being served on the
respondent-husband herein at least and remittance
shall be made within seven days of receipt of such
deposit and deposit shall be confined only to the school
fees, towards study materials prescribed by the school.
So far transportation charges for the education of the
child in the school and deposits under above heads shall
be made by the father till the minor child completes his
elementary education expenses directly. Dress material
and casuals, if any, only for the minor child if required
to be met by self, the respondent shall remit at least a
sum of Rs.10,000/- (Rupees Ten thousand) per annum
by RTGS in the account of the appellant to enable her to
meet the requirements under this head at her end.
vi. This Court here find for there is substantial
covering of the protection of the wife-appellant and the
minor child involved herein, this Court still find for there
is judicial separation between the parties by way of
decree of divorce and both the parties staying at their
own place of work, even though the wife being a
working lady earning as per her own statement
Rs.30,000/- plus per month presently, this Court feels it
appropriate to direct the husband herein to meet the
requirement of the wife-appellant in any urgent or dire
necessity on such demand is placed by the wife with
sufficient proof of the same. This Court here records the
clear statement of counsel for appellant that the
appellant has already a Health cover from her employer
side.
vii. This Court records undertaking of the husband
through paragraph-4 of the affidavit that he will also be
abided by his commitment in requirement of meeting
the expenses of the higher education of the minor child
if any, placed in future by the appellant, however,
decision on higher education of the child should by way
of joint discussion of the wife and husband and not on
unilateral decision of the appellant, if any.
viii. Apart from the above conditions, this Court find
for there is complete resolution of dispute between the
parties, there is no necessity of continuance of any other
proceeding under any law between the parties involving
their marriage, dispute if any, shall all stand terminated
subject to however, the husband-respondent filing
affidavit in respective courts at least on compliance of
condition herein in para 12 (ii) & (iv) hereinabove and
there may not be any coercive action against husband
herein till conclusion of any such proceeding. It be made
also clear that on production of the certified copy of the
judgment herein, the courts involve in all such
proceedings shall do well in only declaring the matters
pending before it to have been closed.
13. Considering the volunteering of the husband in the
appropriate future of the minor child involve herein also in
the better future of the appellant and the father being the
natural guardian of the minor child, direction, if any, in this
judgment shall not be treated to be an obstruction to the
visit right to the child or spending some time with the minor
child in the vacations and on weekends but without affecting
the child's educational atmosphere but however, on putting
the wife-appellant advance notice in this regard and further
subject to the vacation arrangement of the child involve
herein. If the father wants to visit child in the school or in
his residence in weekends other than vacation timing, there
should not be also any obstruction to the father having the
visit right on the child involve and institution if any shall
also co-operate the parties accordingly. To avoid any
difficulty at the institution side, let the respondent produce a
certified copy of this judgment also before the institution
involved for their extending co-operation.
15. The appeal succeeds but limited to the above
directions. No cost.
...........................
(Biswanath Rath)
Judge
M.S.Sahoo, J. I agree.
........................
(M.S.Sahoo)
Judge
Orissa High Court, Cuttack
The 25th August, 2023/dutta
Signature Not Verified
Digitally Signed
Signed by: AJIT KUMAR DUTTA
Reason: Authentication
Location: ohc
Date: 31-Aug-2023 13:16:03
