Santilata Mishra vs Rajib Lochan Mishra
2023 Latest Caselaw 2182 Ori

           IN THE HIGH COURT OF ORISSA AT CUTTACK
                           MATA No. 100 of 2020
Santilata Mishra                      .....                             Appellant
                                                            Mr. B.K. Nanda, Adv.
                                      Vs.
Rajib Lochan Mishra                   .....                           Respondent
                                                           Mr. S.K. Garnaik, Adv.
            CORAM:
                       JUSTICE S.TALAPATRA
                      JUSTICE SAVITRI RATHO

                                         ORDER

16.03.2023 Order No.

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

2. Heard Mr. B.K. Nanda, learned counsel appearing for the

Appellant and also Mr. S.K. Garnaik, learned counsel appearing for

the Respondent.

3. Mr. B.K. Nanda, learned counsel has submitted that on the

limited ground, on quantum of maintenance, this appeal has been

filed challenging the judgment dated 31.08.2020 delivered in Civil

Proceeding No. 432 of 2015 by the Judge, Family Court, Cuttack.

By the said judgment, the marriage which was solemnized on

20.06.1991 between the parties has been dissolved. However, at the

time of passing the decree of divorce, the Judge, Family Court has

settled a sum of Rs.3,75,000/- as the permanent alimony and

Rs.3,00,000/- as the expenses of marriage of their only daughter,

who is now aged about 26 years.

Mr. Nanda, learned counsel has submitted that, the

Respondent has the sufficient means to provide a reasonable

permanent alimony to the Appellant. The amount that has been

settled by the Judge, Family Court is inadequate for any person to

lead a modest life.

4. Mr. S.K. Garnaik, learned counsel has contended that the

Respondent has already paid a sum of Rs.6,75,000/- on account of

the maintenance allowance, but we are constrained to observe that,

the same will not form part of the permanent alimony. A permanent

alimony is conceptualized for defraying the future expenses of the

person, in whose favour, the permanent alimony is settled.

5. Having regard to the financial status of the Respondent, who

has recently retired from a technical position of Bharat Sanchar

Nigam Ltd., we are of the view that the Respondent shall pay a sum

of Rs.10,00,000/- (Rupees ten lakhs) as the permanent alimony to

the Appellant. However, we are not interfering with the quantum as

settled by the Judge, Family Court for the marriage expenses. The

said amount of permanent alimony, as determined by us, shall be

paid within a period of three months from today without fail. In the

event of failure, the said amount shall carry interest with effect from

31.08.2020 @ 6% per annum. For the purpose of recovery, the

decree of this case shall be treated as the money decree.

6. In the result, the Appeal stands allowed. Registry is directed to

prepare the decree accordingly.

7. If the physical records are still lying in the registry, those shall

be returned forthwith.

8. Urgent certified copy of this order be granted as per rules.

(S.Talapatra) Judge

Sukanta (Savitri Ratho) Judge