Orissa High Court
Pratima Pradhan @ Biswal vs Akrura Pradhan on 21 April, 2025
Bench: B. P. Routray, Chittaranjan Dash
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Personal Assistant
Reason: Authentication
Location: OHC, Cuttack
Date: 22-Apr-2025 11:21:26
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.99 of 2024
Pratima Pradhan @ Biswal .... Appellant
Mr. J.R. Dash, Advocate
-versus-
Akrura Pradhan .... Respondent
Mr. B. Panigrahi, Advocate
CORAM:
JUSTICE B. P. ROUTRAY
JUSTICE CHITTARANJAN DASH
ORDER
21.4.2025
Order No.
04. 1. Heard Mr. J.R. Dash, learned counsel for the wife - Appellant
and Mr. B. Panigrahi, learned counsel for husband - Respondent.
2. Present appeal is directed against the impugned judgment
dated 19th February, 2024 of learned Judge, Family Court,
Bhawanipatna passed in C.P. No.79 of 2021.
3. In course of hearing, as recorded in our earlier order dated 3rd
February 2025, both parties did not want to disturb the decree of
divorce granted by learned Family Judge. The Appellant - wife
limits her challenge in respect of enhancement of permanent
alimony amount.
4. The learned Family Judge while granting decree of divorce
has directed for payment of Rs.5 lakhs towards permanent
alimony in favour of the wife. According to the wife, such
amount granted by learned Family Judge is insufficient taking
note of income of the Respondent as well as her daily
expenditure.
Designation: Personal Assistant
5. Admittedly the Respondent - husband had served as primary
school teacher and retired from service since 2020. It is admitted
on behalf of the Respondent - husband that presently he is getting
pension of Rs.36,000/- (thirty-six thousand).
6. It is to be noted here that presently the husband is aged about
63 years and the wife is aged about 56 years. As per submissions
made by both parties they did not have any child born out of their
wedlock. According to the husband, he subsequently has adopted
one son who is presently aged about 16 years and residing with
him. However, there is a contrary finding to that aspect as seen
from the impugned judgment. As per the finding given by learned
Family Judge, it has been admitted indirectly by the Respondent
during his cross-examination that said son is born out of him
through another female, namely Rita. It is also the finding of
learned Family Judge that the Respondent -husband in addition to
his monthly pension and other retirement benefits got a sum of
Rs.10 lakhs towards his gratuity.
7. Thus, taking note of all such factors including the age of
parties, their socio economic status and places of residence, in our
opinion, the amount towards permanent alimony needs to be
enhanced. Accordingly the same is enhanced to Rs.8 lakhs.
8. The appeal is disposed of confirming the decree of divorce
granted by learned Judge, Family Court, Bhawanipatna, subject to
payment of permanent alimony of Rs.8,00,000/- (eight lakhs) in
favour of the Appellant-wife, to be deposited by the Respondent-
husband before learned Family Judge within a period of two
months from today, which shall be disbursed to the wife.
Designation: Personal Assistant
9. It is made clear that failing to deposit the amount within the
time stipulated, the wife is at liberty to execute the same in
accordance with law.
(B.P. Routray)
Judge
(Chittaranjan Dash)
Judge
M.K.Panda
