Citation : 2023 Latest Caselaw 11448 Ori
Judgement Date : 21 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No. 237 of 2023
Nilamadhaba Sahu ......... Appellant
Mr. Laxman Pradhan, Advocate
Versus
Smt. Manaswini Priyadarshini Mahana .......... Respondent
CORAM:
JUSTICE SAVITRI RATHO
JUSTICE M.S. SAHOO
ORDER
21.09.2023 Order No.
02. (Through Hybrid Mode)
1. This appeal has been filed challenging the judgment dated 16.05.2023
passed by the learned Judge, Family Court, Sonepur in MAT Civil Suit No.
38 of 2016 (Civil Proceeding No. 22 of 2019) dissolving the marriage
between the parties solemnized on 20.02.2015 and directing for payment of
Rs.8,00, 000/- to the petitioner-wife towards permanent alimony as well as a
sum of Rs.2,00,000/- which had been deposited by her father in the bank
account of the appellant, within three months.
2. Mr. Laxman Pradhan, learned counsel for the appellant submits that the
appellant is aggrieved by the quantum of permanent alimony awarded by the
learned Judge, Family Court stating that although the respondent is a working
lady, she had not filed any affidavit regarding her assets and liability for
which the amount of permanent alimony is liable to be reduced.
3. In response to our query, he has submitted that the appellant is agreeable
to pay an amount of Rs.4,00,000/- towards permanent alimony apart from
Rs.2,00,000/- which had been deposited in his account by father of the
respondent.
4. Issue notice on the question of admission to the sole respondent subject
to the appellant depositing an amount of Rs.4,00,000/- (Rupees Four Lakhs
Only) towards permanent alimony and Rs.2,00,000/- (Rupees Two Lakhs
Only), which he has been directed to return to the respondent, within a period
of four weeks in the Registry of this Court. The amount deposited by the
appellant shall be kept in an interest bearing fixed account with renewable
clause.
5. Notice shall be issued to the sole respondent by Registered Post with
A.D returnable within four weeks, requisites for which shall be filed by
25.09.2023.
6. List this matter on 16.11.2023.
(Savitri Ratho) Judge
Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA (M.S. Sahoo) Designation: Personal Assistant Reason: Authentication Judge puspa Location: Orissa High Court Date: 26-Sep-2023 19:30:41
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