Orissa High Court
Pranati Palei vs Kishore Chandra Palei on 16 April, 2025
Bench: B. P. Routray, Savitri Ratho
Signature Not Verified
Digitally Signed
Signed by: SARBANI DASH
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 17-Apr-2025 13:41:20
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.389 of 2023
Pranati Palei .... Appellant
Mr. A. Tripathy, Advocate
-versus-
Kishore Chandra Palei .... Respondent
Mr. B.P. Pradhan, Advocate
CORAM:
JUSTICE B. P. ROUTRAY
JUSTICE SAVITRI RATHO
ORDER
16.04.2025
Order No.
05. 1. Heard Mr. A.K. Tripathy, learned counsel for the Appellant-
Wife and Mr. B.P. Pradhan, learned counsel for the Respondent-
Husband.
2. As submitted by the parties and recorded in our order dated
21st March 2025, both parties do not want to disturb the decree of
divorce granted by learned Family Court and the Appellant is
limiting her challenge to the quantum of alimony only.
3. Present appeal is directed against the impugned judgment
dated 30th September, 2023 of learned Judge, Family Court,
Phulbani passed in C.P. No.60 of 2022.
4. Initially the Husband had agreed to settle the permanent
alimony of Rs.20,000,00/-(Rupees Twenty Lakhs only) to which
the Wife did not agree. According to her, instead of taking the
lump-sum amount towards permanent alimony, she would prefer
Location: HIGH COURT OF ORISSA, CUTTACK
to get monthly maintenance to the tune of Rs.25,000/-(Rupees
Twenty Five Thousand only) per month.
5. Mr. B.P. Pradhan, learned counsel for the Respondent-
Husband upon instructions submit that, presently the Respondent
is serving as a Clerk in Punjab National Bank, Gambharimunda
Branch, P.S.-Banpur, Dist. Khordha and drawing salary around
Rs.70,000/-(Rupees Seventy Thousand only) per month. It is also
not disputed that the Husband has retired from Indian Navy while
serving as a Sailor.
6. The couple have one minor daughter aged about sixteen
years, who is prosecuting her studies. Admittedly the Wife and
minor daughter are getting maintenance to the tune of Rs.7,000/-
(Rupees Seven Thousand) each per month from the Respondent-
Husband.
7. It is contended on behalf of the Husband that the Appellant-
Wife is serving as a Teacher in Swami Chidananda School,
Phulbani. This is disputed by the Wife. She submits that she
served as a Teacher in said School as Guest Teacher for a
temporary period and presently she is out of job. It is also
submitted that she has no independent source of income and the
daughter is prosecuting her studies in Class-IX at Phulbani in an
English Medium School.
8. Taking note of all such factors including present income of
the Respondent-Husband, the socio-economic status of both the
parties and their places of residence, as well as other surrounding
Location: HIGH COURT OF ORISSA, CUTTACK
facts including that the husband initially offered a lump-sum
amount of Rs.20,000,00/-(Rupees Twenty Lakhs only) towards
permanent alimony, we feel it appropriate to fix the monthly
maintenance amount of Rs.20,000/-(Twenty Thousand only) in
favour of the Wife as per her submission.
9. Accordingly, the appeal is disposed of with a direction to the
Respondent-Husband to pay Rs.20,000/- (Rupees Twenty
Thousand only) per month towards maintenance of the Wife, with
effect from today. We make it clear that we have not opined
anything regarding payment of arrear maintenance to the Wife.
Further, the Husband shall continue paying the monthly
maintenance amount in favour of the daughter as per direction of
the learned Judge, Family Court, Phulbani.
10. It is further made clear that failure on the part of the husband
to make payment of monthly maintenance, it is open for the Wife
to execute the same in appropriate proceeding.
(B.P. Routray)
Judge
(Savitri Ratho)
Judge
Sarbani
