Orissa High Court
Girija Sankar Parhi vs Chandana Bharati on 7 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No. 87 of 2022
Girija Sankar Parhi ...... Appellant
Ms. S. Sahoo, Advocate
-versus-
Chandana Bharati ...... Respondent
Mr. P.K. Mohanty, Advocate
CORAM:
JUSTICE S. TALAPATRA
JUSTICE SAVITRI RATHO
ORDER
07.02.2023
Order No.
06. 1. This matter is taken up through hybrid mode.
2. Heard Ms. S. Sahoo, learned counsel appearing for
the appellant and Mr. P.K. Mohanty, learned counsel
appearing for the respondent.
3. By means of this appeal, filed under Section 19 (1) of
the Family Courts Act, 1984, the appellant has partly
challenged the Judgment dated 08.12.2021 delivered in C.P.
No. 492 of 2020 by the Judge, Family Court, Cuttack.
4. At the outset, Ms. Sahoo, learned counsel has clearly
stated that in this appeal, there is no challenge against the
decree of divorce. The sheet-anchor of controversy in this
appeal is the quantum of the permanent alimony as settled by
the Judge, Family Court by the decree dated 08.12.2021.
According to Ms. Sahoo, learned counsel, it is only more than
a year that the appellant has been working in Accenture
Solutions Private Limited. In the month of October, 2022, his
gross earning was Rs.1,23,198.00/- and after deduction, he
was disbursed a sum of Rs. 1,06,606.00/-. The pay slip of
Accenture Solutions Private Limited has been annexed with
the statement of resources and liabilities of the appellant
which is Annexure-10 to the said statement. Ms. Sahoo,
learned counsel, having drawn our attention to the medical
certificates which have been produced with the said statement,
has submitted that the appellant has been suffering from
Ankylosing Spondylitis with Stiffness of Cervical and Thorasic
Spine. For keeping him physically fit and mobile, he is to
spend a huge amount per month estimated to be Rs.25,000/-
per month at present.
5. From the other side, Mr. Mohanty, learned counsel
for the respondent has submitted that the respondent has been
earning a consolidated pay of Rs.10,800/- as the Office
Assistant in the B.J.B Autonomous College, Bhubaneswar.
Mr. Mohanty, learned counsel has further submitted that the
quantum as assessed by the Judge, Family Court, Cuttack is
not at all unreasonable as the respondent is entitled to the
standard of life that she had enjoyed in the matrimonial home.
Moreover, the respondent has her daughter, who is presently
aged about 8 years, living with her. Her future would be
protected, if some reasonable fund is provided for her
upbringing and marriage.
6. Ms. Sahoo, learned counsel in her rejoinder has
contended that since the appellant had been unemployed for a
long time he does not have the sufficient funds to make
payment of the permanent alimony and to place the fund that
has been directed to be arranged for the maintenance,
education and marriage of their daughter. It has been directed
by the decree dated 08.12.2021 that a sum of Rs.7,00,000/- be
paid as the permanent alimony and another sum of Rs.
11,00,000/- be paid for maintenance, education and marriage
expenses of their daughter.
7. Being aggrieved by the said direction, this appeal has
been filed by the appellant for rationalizing the permanent
alimony, as Ms. Sahoo, learned counsel has submitted that the
appellant is not opposed to the payment, but that should be
reasonable so that he can pay the amount. Hence, the said
amount needs to be reduced to such a sum that is
commensurate to the financial liability of the appellant.
8. Having appreciated the submissions of learned
counsel for the parties, we find some force in the submission
of Ms. Sahoo, learned counsel. In our considered view, the
sum of the permanent alimony or the daughter's maintenance
including the period of payment is required to be recalibrated.
9. Accordingly, we direct the appellant to pay a sum of
Rs. 6,00,000/- to the respondent within a period of four
months from today. Failure of payment of the said amount
within the period of four months, the decree that would be
passed on the basis of our Judgment shall be treated as a
money decree, so that the recoverable amount can be realized
by the process of the court.
10. So far the fund for maintenance, education and
marriage of the daughter is concerned, we direct the appellant
to pay a sum of Rs.10,00,000/-. The said amount shall be paid
within 31.03.2024. Mode of payment will be in the form of a
term deposit drawn in the name of the daughter. Till the
daughter attains majority, no money can be drawn from the
said term deposit.
11. In terms of the above, this appeal is partly allowed.
12. Registry is directed to draw the decree accordingly.
13. LCRs, if any lying in the Registry, be returned.
14. A free copy of this order be supplied to the counsel
for the parties.
(S. Talapatra)
Judge
(Savitri Ratho)
Judge
Sangram
