Smt. Indira Dash @ Mohapatra vs Sri Sushanta Kumar Mohapatra
2023 Latest Caselaw 15432 Ori

Orissa High Court

Smt. Indira Dash @ Mohapatra vs Sri Sushanta Kumar Mohapatra on 1 December, 2023

Bench: B.R. Sarangi, Murahari Sri Raman

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    MATA No.83 of 2014

            Smt. Indira Dash @ Mohapatra                ....          Appellant
                                                      Mr. S.K. Baral, Advocate
                                    -versus-
            Sri Sushanta Kumar Mohapatra               ....        Respondent
                                                  Mr. S.R. Patnaik, Advocate


                      CORAM:
                      ACTING CHIEF JUSTICE DR. B.R. SARANGI
                      JUSTICE MURAHARI SRI RAMAN

                                          ORDER

01.12.2023 Order No.

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

2. Heard Mr. S.K. Baral, learned counsel for the Appellant and Mr.

S.R. Patnaik, learned counsel for the Respondent.

3. So far as the impugned judgment passed by the Judge, Family

Court, Berhampur in C.P. No.589 of 2010 dated 16.05.2014 is

concerned, Mr. S.K. Baral, learned counsel for the Appellant is very

fair to this Court contending that since the impugned judgment has

been passed under Section 13 (1) of the Hindu Marriage Act by

which the Respondent, who was the Petitioner in the aforesaid case

before the Family Court, has been granted decree of divorce, to that

extent the Appellant has no grievance. But, he contends that the

grievance is to the extent of grant of permanent alimony where the

Judge, Family Court, Berhampur has awarded Rs.7,00,000/-

towards permanent alimony to the Appellant-Wife and

Rs.3,00,000/- towards the son.

4. Mr. S.R. Patnaik, learned counsel appearing for the Respondent

states that the entire permanent alimony amount i.e., Rs.7,00,000/-

and Rs.3,00,000/- as awarded by the Judge, Family Court,

Berhampur had been deposited before this Court and has also been

disbursed which has been acknowledged by Mr. S.K. Baral, learned

counsel for the Appellant.

5. But, it is contended that since the Appellant, the wife of the

Respondent is suffering from cancer and the permanent alimony

granted i.e., Rs.7,00,000/- may not be sufficient and also the

Respondent was also an Judicial Officer and in the meantime

though he has retired from service. But, to give more amount to

compensate the difficulties of the Appellant, if the permanent

alimony granted to the Appellant as well as son can be enhanced,

then it will suffice the purpose.

6. To that effect, Mr. S.R. Patnaik, learned counsel for the

Respondent seeks time to take instructions.

7. At his request, list this matter after two weeks.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. RAMAN) JUDGE S.K. Guin/PA

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack Date: 04-Dec-2023 17:07:38