Sudhansu Panda vs Biswa Bandita Dash
2025 Latest Caselaw 7585 Ori

Orissa High Court

Sudhansu Panda vs Biswa Bandita Dash on 25 April, 2025

Bench: B.P. Routray, Chittaranjan Dash

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     MATA No. 307 of 2024
                 Sudhansu Panda                   ....             Appellant
                                              Mr. J.K. Mahapatra, Advocate

                                            -versus-

                 Biswa Bandita Dash                    ....           Respondent
                                                 Mr. D.K. Mohapatra, Advocate
                              CORAM:
               THE HON'BLE MR. JUSTICE B.P. ROUTRAY
            THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
                                            ORDER

25.04.2025 Order No.

07. 1. Heard learned counsel for the Parties.

2. The Appellant in the present Appeal is the husband who challenged the judgment dated 23.04.2024 passed in Civil Proceeding No.241 of 2022 by the learned Judge, Family Court, Rourkela wherein the learned Court dismissed the claim of the Appellant ex-parte against the Respondent-wife for decree of divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

3. In course of hearing in the Appeal, on the request of both the parties, this Court directed their appearance in person. Accordingly both parties having appeared before this Court, expressed their willingness for dissolution of marriage amicably and in connection therewith, they filed their joint affidavit today.

4. The affidavit inter alia reveals that the parties have amicably settled and resolved to live separately by dissolution of marriage and in lieu of the dissolution of marriage, the Respondent-wife accepted the sum of Rs.10,000,00/- towards permanent alimony, paid by the Appellant-husband through Demand Draft amounting to Rs.9,99,999/- (Rupees Nine Lakhs Ninety-Nine Thousand Nine Hundred Ninety-Nine only) dated 03.03.2025 towards permanent alimony besides Rs.5,00,000/- (Rupees Five Lakhs only) towards educational expenses of the child. The affidavit further reveals that the parties have agreed to take steps for withdrawal of all the criminal cases pending in different Court of law against the Appellant-husband and in- laws.

5. Both the parties being present in the Court today acknowledged to have submitted the affidavit on their free will and volition and the wife also confirmed the receipt of sum of Rs.9,99,999/- (Rupees Nine Lakhs Ninety-Nine Thousand Nine Hundred Ninety-Nine only) in the shape of Demand Draft dated 03.03.2025. The Appellant-husband has agreed to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) towards the educational expenses of the child in terms of the affidavit.

6. In view of the above, this Court grants the decree for divorce by dissolution of marriage dated 23.04.2024. The affidavit do form part of the decree.

7. The Appeal stands disposed of accordingly.

(B.P. Routray) Judge

(Chittaranjan Dash) Judge AK Pradhan/Bijay

Location: HIGH COURT OF ORISSA