Orissa High Court
Ramesh Chandra Maharana vs Sunanda Maharana on 11 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.121 of 2023
Ramesh Chandra Maharana ......... Appellant
Mr. Jyoti Patnaik, Advocate
-Versus-
Sunanda Maharana ......... Respondent
CORAM:
JUSTICE S. TALAPATRA
JUSTICE SAVITRI RATHO
ORDER
11.05.2023
Order Nos.
01. 1. This matter is taken up through Hybrid Mode.
2. Heard Mr. Jyoti Patnaik, learned counsel appearing for the
appellant.
3. This is an appeal under Section 19(1) of the Family Courts
Act, 1984 from the judgment dated 10.01.2023 delivered in Civil
Proceeding No.99 of 2019 by the Judge, Family Court, Berhampur,
District- Ganjam.
4. It may be made clear at the outset that there is no challenge
against the decree of divorce or the findings related to dissolution of
marriage.
5. The grievance of the appellant is confined to the quantum of
the alimony and the financial benefits granted to his children.
6. Admit this appeal, subject to deposit of Rs.3,00,000/- (Rupees
three lakhs) within a period of six weeks from today.
7. Call for LCRs, scanned or photocopies.
8. Issue notice.
9. Notice is made returnable on 12.07.2023.
10. Steps for service of notice on the sole respondent shall be
taken by the appellant by 18.05.2023 by Registered Post with A.D.
11. The Registry is directed to procure the LCRs in the meantime.
12. It is made absolutely clear that, if the amount that we have
directed to deposit within six weeks from today, is not deposited for
any reason, we will recall the order of admission, despite the fact that
we have issued the notice.
(S. Talapatra)
Judge
(Savitri Ratho)
Judge
I.A. No.135 of 2023
02. 1. Heard Mr. Jyoti Patnaik, learned counsel appearing for the
appellant.
2. As per the Stamp Reporter's report, there is no delay in filing
the appeal.
3. In view of the report, this application stands disposed of.
(S. Talapatra)
Judge
(Savitri Ratho)
Judge
I.A. No.136 of 2023
03. 1. Heard Mr. Jyoti Patnaik, learned counsel appearing for the
appellant.
2. This is an application for staying the operation of the decree
relating to the permanent alimony and the financial arrangement made
in favour of the children.
3. Issue notice.
4. Notice is made returnable on 12.07.2023.
5. Steps for service of notice on the sole opposite party shall be
taken by the appellant by 18.05.2023 by Registered Post with A.D.
Subject to deposit of Rs.3,00,000/- (Rupees three lakhs) within six
weeks from today, the operation of the decree so far it relates to
payment of the permanent alimony is concerned, and so far the
making of the financial benefits for the children are concerned, shall
remain suspended till the next date.
6. Urgent certified copy of this order be granted as per rules.
7. It is made abundantly clear that, if the amount that has been
directed to be paid, is not deposited, this order of stay shall stand
automatically vacated after six weeks.
(S. Talapatra)
Judge
(Savitri Ratho)
Judge
SUBHASIS Digitally signed
by SUBHASIS
MOHANT MOHANTY
Date: 2023.05.11
Y 18:32:50 +05'30'
