Manoj Kumar Naik vs Smt. Chikirani Naik
2023 Latest Caselaw 1138 Ori

                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       MATA No. 139 of 2022
          Manoj Kumar Naik                          .........                 Appellant
                                                            Mr. P.S. Das, Advocate
                                                    Versus
          Smt. Chikirani Naik                       ..........              Respondent
                                                        Mr. Parsuram Panda, Advocate

          CORAM:
                                  JUSTICE S. TALAPATRA
                                  JUSTICE SAVITRI RATHO
                                                ORDER

02.02.2023 Order No.

05.

1. This matter is taken up through Hybrid Mode.

2. Heard Mr. P.S. Das, learned counsel appearing for the Appellant and Mr. Parsuram Panda, learned counsel appearing for the Respondent.

3. By means of this appeal under Section 19 (1) of Family Courts Act, 1984, the Appellant has challenged the judgment dated 25.06.2022 delivered in MAT No. 03 of 2019 by the Senior Civil Judge, Champua, Keonjhar. But the challenge is limited to the quantum of maintenance.

4. By the said judgment, a lump sum permanent alimony to the extent of Rs. 5,00,000/- has been settled in favour of the Respondent (the wife).

5. But today, at the outset, Mr. Das, learned counsel for the Appellant has submitted that if some instalments for payment of the permanent alimony are provided, then the Appellant will not insist the challenge against the determination of permanent alimony.

6. After having interaction with the counsel of the parties, we direct the Appellant to pay the said amount of permanent alimony in four equal instalments. The first instalment shall be paid by 6th March, 2023, the second instalment shall be paid by 6th April, 2023, the third instalment shall be paid by 6th May, 2023 and the final instalment shall be paid by 6th June, 2023. In the event of failure, the decree as will be drawn in terms of this order, shall be treated as a money decree for realization through the process of the court.

7. In terms of the above, this appeals stands disposed of.

8. Decree may be drawn accordingly.

9. Urgent certified copy of this order be granted on proper application.

                                                       (S. Talapatra)
                                                           Judge



                                                       (Savitri Ratho)
puspa                                                      Judge