Dr. Deepak Padhi vs Gayatri Panda
2023 Latest Caselaw 15154 Ori

Orissa High Court

Dr. Deepak Padhi vs Gayatri Panda on 28 November, 2023

Author: Arindam Sinha

Bench: Arindam Sinha

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   MATA No.6 of 2018

            Dr. Deepak Padhi                     ....                      Appellant
                                                  Ms. Deepali Mohapatra, Advocate
                                           -versus-
            Gayatri Panda                        ....                    Respondent

                                                      Mr. Sidharth Mishra, Advocate

            CORAM:
                          JUSTICE ARINDAM SINHA
                          JUSTICE SIBO SANKAR MISHRA

                                        ORDER

28.11.2023 Order No.

07. 1. Appellant husband has preferred this appeal against order dated

27th November, 2017 of the family Court directing release of ₹ 2 lakhs

along with accrued interest in favour of respondent-wife. The amount was

deposited by appellant-husband pursuant to order made by co-ordinate

Bench in MATA no.38 of 2015, for restoration of the civil proceeding on

appellant-husband making the deposit. Appellant-husband duly deposited.

The money was invested in an interest bearing account and stands so

deposited as renewed from time to time.

// 2 //

2. Mr. Mishra, learned advocate appears on behalf of respondent-

wife and submits, this appeal was preferred against order made for release

of the money deposited, being arrears of maintenance, is not

maintainable. Without prejudice, the deposit was directed as precondition

for restoration of the civil proceeding. Appellant-husband had the civil

proceeding restored. He cannot therefore object to disbursement of the

arrears to his client.

3. By order dated 9th March, 2018 made in this appeal, there was

stay of operation of impugned order, provided it had not been

implemented. Ms. Mohapatra, learned advocate appears on behalf of

appellant-husband and submits, her client deposited the amount in the

Registry of this Court.

4. By our judgment of date made in MATA 99 of 2017 we had

dissolved the marriage between the same parties and directed, monies

already paid till date by appellant-husband to respondent-wife, in

aggregate, will constitute her permanent alimony. Said aggregate sum

includes the arrears of ₹ 2 lakh. The amount stands deposited and interest

accrued thereon. It goes without saying, interest accrued on money paid

in respect of respondent-wife, also belongs to her.

// 3 //

5. Question arising in this appeal stands answered by our aforesaid

judgment in MATA no.99 of 2017. In the circumstances, Registry is

directed to encash the deposit along with interest and disburse same to

respondent-wife pursuant to her producing this order. Impugned order

thus stands modified.

6. With above directions, the appeal is disposed of.

( Arindam Sinha ) Judge

( S. S. Mishra ) Judge Prasant

Signed by: PRASANT KUMAR SAHOO