Monalisa Bhola And vs Smruti Santosh Palai And
2025 Latest Caselaw 7524 Ori

Orissa High Court

Monalisa Bhola And vs Smruti Santosh Palai And on 24 April, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             MATA No.298 of 2023

              Monalisa Bhola and                  ....         Appellants
              another

                                     Mr. Prabir Kumar Ray, Advocate

                                         -versus-

              Smruti Santosh Palai and            ....      Respondents
              another

                              CORAM:
                 THE HON'BLE MR. JUSTICE S.K. SAHOO
                THE HON'BLE MR. JUSTICE S. S. MISHRA

                                     ORDER

Order No.                          24.04.2025

                               I.A. No.72 of 2025

   03.            This    matter    is    taken     up   through   Hybrid

arrangement (video conferencing/physical mode).

Perused the postal consignment report, which indicates that the notice has been made sufficient on the respondent Nos.1 & 2. Therefore, the notice is held sufficient.

None appears for the Respondents. This is an application for modification of the order dated 19.12.2023.

Learned counsel for the appellants submits that in the operative portion of the judgment and order dated 28.07.2023 passed by the learned Judge, Family Court,

Khurda in Civil Petition No.41 of 2023, apart from allowing the petition filed by the respondent Smruti Santosh Palai for divorce and directing dissolution of the marriage, further order has been passed for payment of Rs.15,00,000/- by the respondent No.1 as one time settlement amount to the appellant No.2 and since by virtue of the order dated 19.12.2023 passed in I.A. No.311 of 2023, the entire impugned judgment has been stayed till the next date of hearing, the appellants are unable to execute that part of the order and therefore, the order No.1 dated 19.12.2023 be modified to the extent of recalling the said order so far as payment of Rs.15,00,000/- by the respondent No.1 to the appellant No.2.

Considering the submission made by the learned counsel for the appellants and going through the averments taken in the interim application, the order dated 19.12.2023 is modified to the extent that the impugned judgment except the direction of payment of Rs.15,00,000/- to the appellant No.2 as one time settlement by the respondent No.1 shall remain stayed.

The I.A. is accordingly disposed of.

( S.K. Sahoo) Judge

( S. S. Mishra) Judge

04. The Trial Court record be called for.

Since the aforesaid interim application for modification has been directed to be listed before this Bench by the Hon'ble Chief Justice, the matter be listed before the assigned Bench as per the order of the Hon'ble Chief Justice.

( S.K. Sahoo) Judge

( S. S. Mishra) Judge Swarna/Ashok

Designation: Senior Stenographer

Location: High Court of Orissa Date: 25-Apr-2025 14:52:35