Bhaskar Nayak vs Banishree Priyabadini
2023 Latest Caselaw 15537 Ori

Orissa High Court

Bhaskar Nayak vs Banishree Priyabadini on 4 December, 2023

Author: Arindam Sinha

Bench: Arindam Sinha

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MATA No.213 of 2023

            Bhaskar Nayak                          ....                     Appellant
                                                        Mr. S. Sibgatullah, Advocate
                                             -versus-
            Banishree Priyabadini                  ....                   Respondent




            CORAM:
                          JUSTICE ARINDAM SINHA
                          JUSTICE SIBO SANKAR MISHRA

                                          ORDER

04.12.2023

MATA No.213 of 2023 and I.A. nos.221 and 220 of 2023 Order No.

02. 1. Mr. Sibgatullah, learned advocate appears on behalf of

applicant/appellant-husband. Mr. Mishra, learned advocate appears on

behalf of respondent-wife.

2. The appeal has been filed on delay. The delay is 30 days. Mr.

Mishra submits, it is actually 1388 days.

3. Impugned is judgment dated 22nd August, 2019 made by the

family Court. Applicant/appellant-husband had filed for review. Time

// 2 //

taken to dispose of the review stood excluded by the Stamp Reporter and

on allowing the prescribed period, report is delay of 30 days.

4. We have perused causes shown. We accept them on condition

that applicant/appellant-husband pays cost of ₹5 thousand. This is

because him unsuccessfully filing for review prolonged the litigation and

thereby caused suffering to respondent-wife. She must be compensated

by cost.

5. The delay is condoned subject to payment of ₹5 thousand as cost

to respondent-wife. It must be paid by 15th December, 2023. Applicant

will produce the acknowledgement on adjourned date. The appeal is

admitted and the application is disposed of.

6. Mr. Sibgatullah presses for stay of execution launched by

respondent-wife regarding direction for permanent alimony at ₹10 lakhs.

He submits, presently his client is unemployed.

7. The direction for payment of permanent alimony at ₹10 lakhs is

akin to a money decree. Appellant will put in security by depositing ₹3

lakhs with Registrar (Judicial), who is to invest same by a short term

interest bearing account in any nationalized bank, to be kept renewed and

held in favour of the appeal.

// 3 //

8. There will be unconditional stay of Execution Case no.2 of 2020,

pending in family Court, Bhubaneswar till 15th December, 2023. On the

deposit made within that time, the stay will operate till disposal of the

appeal. The application is disposed of.

9. List the appeal on 3rd January, 2024.

( Arindam Sinha ) Judge

( S. S. Mishra ) Judge Prasant

Signed by: PRASANT KUMAR SAHOO