Santosh Kumar Sahoo vs Maheswata Sahoo
2023 Latest Caselaw 15933 Ori

Orissa High Court

Santosh Kumar Sahoo vs Maheswata Sahoo on 12 December, 2023

Author: Arindam Sinha

Bench: Arindam Sinha

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                MATA No.79 of 2022
            Santosh Kumar Sahoo                    ....            Appellant

                                                 Mr. N.K. Mishra, Advocate
                                      -versus-

            Maheswata Sahoo                        ....          Respondent

                                                  Ms. B. Pattnaik, Advocate

                    CORAM:
                               JUSTICE ARINDAM SINHA
                               JUSTICE SIBO SANKAR MISHRA
                                       ORDER

12.12.2023 Order No.

03. 1. Mr. Mishra, learned advocate appears on behalf of appellant-

husband. He submits, his client preferred the appeal against judgment

dated 11th March, 2022 of the family Court dismissing his client's

petition for dissolution of marriage. During pendency of the appeal

parties went for mediation. They have been able to resolve their

differences regarding the marriage. ₹11,50,000/- has been agreed by

them to be the permanent alimony for dissolution of marriage.

₹2,00,000/- has already been paid for withdrawal of a proceeding in

this Court. The balance ₹9,50,000/- has been agreed to be paid to

respondent-wife on decree for divorce granted and withdrawal of the

domestic violence case. He hands up demand draft no.948953 dated

3rd October, 2023 issued by State Bank of India in favour of

respondent-wife for ₹9,50,000/-.

// 2 //

2. Ms. Pattnaik, learned advocate appears on behalf of

respondent-wife and hands up application made in CP no.60 of 2019

pending in the Court of Sub-Divisional Judicial Magistrate, Dhenkanal

praying for withdrawal of the case. She serves copy on Mr. Mishra.

3. Parties, to give effect to their settlement, must approach the

family Court by proceeding duly instituted under section 13-B in

Hindu Marriage Act, 1955. They then can make second motion for

waiver of the statutory period. This will take some time, during which

validity of the instrument will expire. In the circumstances, the

demand draft is returned to Mr. Mishra for being revalidated. To

obtain revalidation appellant-husband has liberty to produce our order

before the bank.

4. List under heading 'for orders' on 20th December, 2023, to

tender revalidated instrument. In the meantime parties may make

ready joint petition for mutual divorce.

(Arindam Sinha) Judge

(S.S. Mishra) Judge

Signature Not JyotiVerified Digitally Signed Signed by: JYOTIPRAVA BHOL Reason: Authentication Location: HIGH COURT OF ORISSA Date: 13-Dec-2023 10:56:33