Ajit Kumar Jena vs Sasmita Palai
2024 Latest Caselaw 16617 Ori

Orissa High Court

Ajit Kumar Jena vs Sasmita Palai on 13 November, 2024

Bench: Arindam Sinha, M.S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                MATA No.111 of 2023


            Ajit Kumar Jena                       ....            Appellant

                                                   Represented By Adv. -
                                                   Mr. S.K. Das, Advocate
                                       -versus-

            Sasmita Palai                         ....          Respondent
                                                  Represented By Adv. -
                                                  Mr. S. Mohapatra, Advocate


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

                                      ORDER

13.11.2024 Order No.

07. 1. Mr. Das, learned advocate appears on behalf of appellant-

husband in the appeal preferred by his client against judgment dated

28th February, 2023 of the Family Court dismissing the civil

proceeding for grant of divorce. He submits, his client and respondent

have agreed on permanent alimony to be ₹ 24,00,000/-. He hands up

demand drafts bearing nos.883356 and 883394 respectively dated 27 th

September, 2024 and 11th November, 2024 issued by Indian Bank in

favour of respondent.

// 2 //

2. Mr. Mohapatra, learned advocate appears on behalf of

respondent and submits, his client has agreed to accept ₹ 24,00,000/-

as permanent alimony, to be a term to join with him and petition the

Family Court for divorce on mutual consent.

3. The demand drafts be kept in the file. Parties will forthwith

jointly petition for divorce to the Family Court under section 13-B in

Hindu Marriage Act, 1955. On the petition filed, the Family Court

need not be detained for discharging duty of reconciliation since,

parties have already agreed. They will be at liberty to file for waiver

by second motion following judgment of the Supreme Court in

Amardeep Singh v. Harveen Kaur, reported in AIR 2017 Supreme

Court 4417. In event the petition is filed, the Family Court is

requested to expeditiously deal with it since we are holding the

demand drafts, which have limited validity.

4. List on 4th December, 2024.

(Arindam Sinha) Judge

(M.S. Sahoo) Judge

Signed