Sasmita Parija @ Mohanty vs Hemanta Kumar Mohanty
2023 Latest Caselaw 15135 Ori

Orissa High Court

Sasmita Parija @ Mohanty vs Hemanta Kumar Mohanty on 28 November, 2023

Bench: S.K. Sahoo, Chittaranjan Dash

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CMAPL NO.237 OF 2014

              Sasmita Parija @ Mohanty              ....       Petitioner

                                   Mr. A. Mohanty, Advocate

                                         -versus-

              Hemanta Kumar Mohanty
                                                    ....      Opp. Party

                                   Ms. P. Pattnaik, Advocate


                                   CORAM:
                              JUSTICE S.K. SAHOO
                         JUSTICE CHITTARANJAN DASH
                                     ORDER

Order No.                          28.11.2023

    6.            This    matter    is    taken     up   through     Hybrid

arrangement (video conferencing/physical mode).

Heard learned counsel for the respective parties. This CMAPL has been filed by the petitioner Sasmita Parija @ Mohanty, who was the appellant in MATA No.15 of 2012, for restoration of the file for hearing in the interest of justice.

Needless to say that the husband-Opposite Party, Hemanta Kumar Mohanty filed a divorce petition before the learned Judge, Family Court, Cuttack, which was registered as C.P. No.206 of 2006 for divorce and the prayer was allowed vide by the // 2 //

judgment and order dated 04.01.2012. The petitioner- wife challenged the order passed by the learned Judge, Family Court, Cuttack before this Court in the aforesaid MATA No.15 of 2012, which was dismissed for non-prosecution as per the order of this Court dated 09.09.2014. Though this application for restoration was filed in the year 2014, as it appears, no sincere step has been taken for listing of the matter and after 13.04.2015, no order has been passed in this petition.

Learned counsel for the opposite party-husband submits that after dismissal of the MATA as per the order dated 09.09.2014, the opposite party has re-married to another lady and he is now blessed with a child and as per the judgment and order passed by the learned Judge, Family Court, Cuttack in the divorce proceeding, he has deposited a sum of Rs.2,00,000/- (rupees two lakh) towards permanent alimony, as awarded and she has instruction that the petitioner has received the same.

Learned counsel for the petitioner argued that Rs.2,00,000/- (rupees two lakh), which was awarded to the petitioner towards permanent alimony, is a meager amount and it is very difficult on the part of the petitioner to maintain her livelihood with such amount and at least the amount should be enhanced.

Learned counsel for the opposite party opposes

// 3 //

such prayer.

During the course of argument, the learned counsel for the petitioner submitted that in view of the provision under section 25(2) of the Hindu Marriage Act, she can get the relief sought for here towards enhancement of the permanent alimony fixed by the learned Judge, Family Court, Cuttack before the said Court. He seeks permission to withdraw the CMAPL to seek appropriate remedy before the competent Court.

In view of such submission made by the learned counsel for the petitioner, the CMAPL is disposed of as withdrawn.

( S.K. Sahoo) Judge

( Chittaranjan Dash) Judge

M.K.Rout