Annapurna Nayak @ Dash vs Dillip Kumar Dash
2023 Latest Caselaw 13003 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MATA No.146 of 2022

            Annapurna Nayak @ Dash                   ....           Appellant

                                                Mr. S.C. Acharya, Advocate
                                        -versus-

            Dillip Kumar Dash                        ....         Respondent

                                               Mr. S.K. Tripathy, Advocate

                     CORAM:
                                  JUSTICE ARINDAM SINHA
                                  JUSTICE SIBO SANKAR MISHRA
                                         ORDER

18.10.2023

I.A. nos.161 of 2022, 369 of 2023 and MATA no.146 of 2022 Order No.

08. 1. Mr. Tripathy, learned advocate appears on behalf of

respondent-husband and submits, Rs.10 lakhs against direction for

permanent alimony made in impugned judgment dated 4th July, 2022,

was deposited in account of appellant-wife on 26th July, 2022. Inspite

thereof and suppressing the same, appellant obtained order dated 1st

August, 2022 from coordinate Bench. I.A. no.369 of 2023 is for recall

of said order.

2. Mr. Acharya, learned advocate appears on behalf of appellant-

wife and submits, there is no question of suppression. The money was

paid during pendency of the appeal and towards arrears and other

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expenses. He is ready for hearing on the appeal. Mr. Tripathy replies,

impugned judgment clearly specifies payment of Rs.10 lakhs towards

permanent alimony. Appellant ought not to have applied to obtain

interim order of Rs.6,000/- per month on notice of the deposit.

3. On perusal of I.A. no.162 of 2022, disposed of by said order

dated 1st August, 2022, we find reproduce paragraph-1 below.

"1. That, during the pendency of the C.P. No.14/2014, in pursuance to the direction of the learned Court below, the Respondent-husband was paying interim maintenance at the rate of Rs.6000/-per month towards the sustenance of the appellant-wife as well as her minor sons who are staying with her at the govt. quarters."

[

4. On query from Court, we have ascertained that the interim

maintenance was not continued by impugned judgment but permanent

alimony directed on Rs.10 lakhs. Respondent-husband says, the

money already stands deposited in account of appellant-wife.

5. It appears that coordinate Bench did not have all the facts and

circumstances for making interim order dated 1st August, 2022 in

disposing I.A. no.162 of 2022. Said order is recalled. IA no.369 of

2023 is disposed of.

// 3 //

6. Mr. Acharya submits, I.A. no.161 of 2022 has been filed by his

client. He has instruction to not proceed. The I.A. is dismissed.

7. List the appeal for hearing on 7th November, 2023.

(Arindam Sinha) Judge

(S.S. Mishra) Judge Jyoti

Signature Not Verified Digitally Signed Signed by: JYOTIPRAVA BHOL Reason: Authentication Location: HIGH COURT OF ORISSA Date: 19-Oct-2023 10:55:45