Angsuman Roy vs Smt. Manini Jena @ Roy
2023 Latest Caselaw 10290 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    MATA No.74 of 2020


            Angsuman Roy                            ....        Appellant(s)
                                                     Mr. M. Pattanaik, Adv.

                                        -versus-

            Smt. Manini Jena @ Roy                  ....         Respondent(s)
                                                         Mr. S.Ku. Dash, Adv.

                                        WITH
             MATA No.152 of 2022
            Manini Jena @ Roy                       ....           Appellant(s)
                                                          Mr. S.K. Dash, Adv.

                                        -versus-

            Angsuman Roy                            ....        Respondent(s)
                                                          Mr. M. Mauli, Adv.

                         CORAM:
                         JUSTICE BISWANATH RATH
                         JUSTICE M.S. SAHOO

                                        ORDER

29.08.2023 Order No.

24. 1. Heard in part.

2. MATA No.74 of 2020 is brought by the husband challenging the quantum of permanent alimony as an outcome in C.P. No.99 of 2016 whereas MATA No.152 of 2022 is at the instance of the wife- respondent challenging the judgment in C.P. No.99 of 2016 allowing divorce along with permanent alimony.

3. In course of submission this Court records the clear statement of Mr. Soubhagya Kumar Dash, learned counsel for Respondent in MATA No.74 of 2020 and Appellant in MATA No.152 of 2022 that

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the wife is no more interested in her challenge to the divorce aspect and confines her challenge in appeal only to the permanent alimony for enhancement of the same.

4. This Court finds, both the appeals are now confined to the permanent alimony aspect only. For there is already two judgments of this Court in MATA No.33 of 2022 following the decision of the Hon'ble apex Court in the case of Rajnesh Vrs. Neha and Anr. reported in (2021) 2 SCC 324 and further also in MATA No.3 of 2019, this Court here considering that the husband is ready and willing to undertake the educational expenditure of the female child presently in the custody of the mother and further keeping in view the scope of enhancement of permanent alimony adjudicated in the above two cases, provides opportunity to the husband to bring an affidavit disclosing his readiness for enhancement of compensation.

5. Let such affidavit be filed in Court on Friday (1st September, 2023). Both the matters shall also be placed on Friday (1st September, 2023) for further hearing and appropriate direction. It appears, during pendency of this appeal there has also been submission of a Bank draft to the tune of Rs.10,00,000/- (Rupees ten lakh), which is placed herein at Flag 'A'. Decision on release of the same shall be taken on next date.

6. Both the husband and wife are directed to remain present on the next date of posting of the matter.

7. List this matter on Friday (1st September, 2023).

(Biswanath Rath) Judge Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Senior Stenographer (M.S. Sahoo) Reason: Authentication Location: High Court of Orissa Judge Date: 31-Aug-2023 Ayaskanta Jena 10:36:18