Nilamadhaba Sahu vs Manaswini Priyadarshini Mahana
2024 Latest Caselaw 10395 Ori

Orissa High Court

Nilamadhaba Sahu vs Manaswini Priyadarshini Mahana on 24 June, 2024

Bench: Arindam Sinha, M.S.Sahoo

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           MATA No.237 of 2023
Nilamadhaba Sahu                              .....                  Appellant

                                                          Represented by Adv.-
                                                               Mr. L. Pradhan,
                                                                    Advocate,

                                   -versus-
Manaswini Priyadarshini Mahana                  .....              Respondent

                                                         Represented by Adv.-

                                  CORAM:
            THE HON'BLE MR. JUSTICE ARINDAM SINHA
                                     AND
                 THE HON'BLE MR. JUSTICE M.S.SAHOO


                                   ORDER

24.06.2024

Order No.

6. 1. Mr. Pradhan, learned advocate appears on behalf of appellant

and submits, in spite of best efforts he could not establish contact

with his client for compliance with direction to deposit for purpose

of admission of the appeal.

2. By order dated 21st September, 2023 made by a Bench, where

one of us (M.S. Sahoo,J.) was party. There was direction on the

question of admission. Paragraphs-3 and 4 from said order are

reproduced below.

"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."

3. Appellant had filed the appeal in time. By impugned

judgment dated 16th May, 2023 the marriage was dissolved and

there was direction for payment of aggregate at ₹10,00,000/-.

Appellant has statutory right of appeal but his submission and

prayer for stay of operation of impugned judgment necessitated

direction for deposit. Since appellant has not deposited, he is not

entitled to interim order. However, his appeal needs to be heard.

4. Appellant will put in requisites for issuance of notice of

appeal for service by registered/speed post with A.D.

5. The lower Court record be called for.

6. List on 15th July, 2024.

(Arindam Sinha) Judge

(M.S. Sahoo) Judge Radha/Jyostna