Orissa High Court
Subhasmita Mallik vs Deepak Kumar Nayak on 28 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No. 153 OF 2022
Subhasmita Mallik .... Appellant(s)
Mr. R.Agarwal, Adv.
-versus-
Deepak Kumar Nayak .... Respondent(s)
Mr. P.K.Chand,Adv.
CORAM:
JUSTICE BISWANATH RATH
JUSTICE M.S.SAHOO
ORDER
28.08.2023
Order No.
08. 1. Heard learned counsel for the Parties.
2. This Matrimonial Appeal involves a challenge to the final
judgment and order in C.P. No.127 of 2021. In pendency of
Matrimonial Appeal at the instance of the Wife-Appellant, there
has been joint endeavor to arrive at settlement between the parties
in better interest of both parties. As a consequence there has been
filing of joint affidavit in the abandonment of the proceeding but
however keeping in view the future interest of the parties, both
parties have come to resolve their dispute as follows:-
<02. That, they have realized that it will be
futile to continue the marital relationship, as such we
have decided to live separately. That the marriage
between the parties has irretrievably broken down and
there is no chance of reunion. All efforts made by the
well-wishers have failed. Both the parties have
completely made up their mind for a separate life by
breaking the marital knot. As there is no chance of
reconciliation, no purpose will be served in delaying
the dissolution of the marriage for observation of
empty and technical formality. It will be only a futile
exercise and will kill the precious time of the court so
al of both the parties.
// 2 //
03. That it is mutually agreed that both the parties
are hereby applying before this Hon'ble Court for
Decree of Dissolution of Marriage by mutual consent
and if final order of Decree of Dissolution of
Marriage by mutual consent is passed by this Hon'ble
Court, neither party has any objection.
04. That, Petitioner and Opposite party have
recovered and settled their articles given at the time of
marriage of their own accord. It is also agreed that the
Opp party will pay a sum of Rs. 7,00,000/- (Rupees
seven lakhs only) to petitioner as one-time permanent
alimony so that both the parties shall have no right or
claim against each other in future, or so also
petitioner shall not claim for any further maintenance
in future. As such opp. party has paid Rs.3,50,000/-
vide DD No. 000469 Dt. 05.08.2023 to the petitioner
on 07.08.2023 and the balance amount of Rs.
3,50,000/- along with the Fossil watch given at the
time of marriage will be given on or before
31.08.2023.
05. That any complaint or all other complaints/
cases, if filed by either party or his/her family
members shall be withdrawn by the respective parties.
The petitioner shall not claim the maintenance
allowed in her favour by the Courts below and shall
withdraw the same. The Petitioner and Opp Party
shall co-operate with each other in all respect in the
present legal proceedings and so also in withdrawing
any other cases filed against each other.
06. That neither petitioner shall make any further
claim/right against any movable or immovable
property of Opp party or his family members nor Opp
Party shall have any claim against petitioner.
07. That any type of jewellery and/or household
articles and/or gift items, exchanged between the
parties before/during or after the marriage are
returned to respective parties and neither party shall
have any claim towards the same against the other in
future except a Fossil Wrist Watch, which the
opposite party shall hand over on or before
31.08.2023 along with balance alimony of
Rs.3,50,000/=.
// 3 //
3. In physical appearance of both counsel jointly submits that
there is in fact agreement between the parties in terms of the
affidavit dated 07.08.2023. In the meantime there has been also
payment of permanent alimony of a sum of Rs.7,00,000/- (rupees
seven lakh) as agreed between the parties at paragraph-4 therein.
The first instalment of Rs.3,50,000/- (rupees three lakh fifty
thousand) being paid on 07.08.2023 and in the meantime the
balance sum of Rs.3,50,000/- (rupees three lakh fifty thousand)
along with Fossil Wrist Watch at the time of marriage has also
handed over to the Wife-Appellant.
4. Keeping in view the above development, this Court finds,
there is no further dispute surviving between the parties. The
MATA accordingly stands disposed of but in the joint interest and
the terms and conditions recorded hereinabove.
(Biswanath Rath)
Judge
(M.S.Sahoo)
Judge
S.Dash
Signature Not Verified
Digitally Signed
Signed by: SWARNAPRAVA DASH
Reason: Authentication
Location: High Court of Orissa
Date: 05-Sep-2023 18:08:06
