Sri Sadasiba Puty vs Sima Senapati
2025 Latest Caselaw 7252 Ori

Orissa High Court

Sri Sadasiba Puty vs Sima Senapati on 17 April, 2025

Author: B. P. Routray

Bench: B. P. Routray

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MATA No. 327 of 2023
            Sri Sadasiba Puty                         ....                  Appellant
                                                           Ms. Sujata Jena, Advocate
                                           -versus-
            Sima Senapati                             ....                Respondent
                                                            Mr. A.K. Otta, Advocate

                     CORAM:
                         JUSTICE B. P. ROUTRAY
                         MISS JUSTICE SAVITRI RATHO
                                          ORDER

17.4.2025 Order No.

09.

1. Heard Ms. S. Jena, learned counsel for the appellant-husband and Mr. A.K. Otta (Baripada), learned counsel for the respondent- wife.

2. Present appeal is directed against impugned judgment dated 23.08.2023 of learned Family Judge, Baripada passed in C.P. No. 115 of 2021, wherein the prayer of the husband under Section 12 of the Hindu Marriage Act to declare the marriage null and void has been rejected. His alternative prayer for divorce has also been refused by the learned Family Judge.

3. In course of hearing in the present appeal, both the husband and wife appeared before us in person. As recorded by us in earlier order dated 11.03.2025, the respondent-wife did not agree for reunion with the husband and denied the same expressly.

4. Accordingly, both parties have filed two separate petitions thereafter stating to dissolve the marriage. In addition to the same, the wife claimed for permanent alimony of Rs.3,00,000/- and the husband submitted that he can pay Rs.2,00,000/- towards permanent alimony.

5. Taking note of the conduct of the parties and their views expressed before this Court by appearing in person and the subsequent respective petitions filed by both of them, we are inclined to grant decree of divorce by dissolving the marriage between the parties.

6. At the same time, considering the socio-economic status of both parties and their places of residence and other surrounding factors, we fix the permanent alimony to the tune of Rs.3,00,000/- (Rupees Three Lakhs only) to be paid by the husband to the wife within a period of two months from today by depositing the same before the learned Family Judge, Baripada.

7. Further dowry articles, if any, as claimed by the wife remaining with the husband shall be returned by the husband within the aforesaid two months and the wife shall co-operate by taking steps in accordance with law for withdrawal/quashing of all those criminal cases as stated at paragraph 3 of I.A. No. 222 of 2025, pending against the husband at the behest of wife.

8. It is further observed that the decree of divorce shall be effected after payment of the permanent alimony amount.

9. With aforesaid observations and direction, the appeal is disposed of.

10. Urgent certified copy of this order be granted on proper application.

(B.P. Routray) Judge

(Savitri Ratho) Judge

puspa

Signed by: PUSPANJALI MOHAPATRA