Citation : 2025 Latest Caselaw 10910 Ori
Judgement Date : 10 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
RPFAM No.208 of 2025
Sapan Khuntia .... Petitioner
Mr. G.R. Dhal, Advocate
-versus-
Subhashree Biswal @ .... Opposite Parties
Khuntia and another
Mr. K.K. Mishra, Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
10.12.2025
Order No.
04. This matter is taken up through hybrid mode.
2. Though the present revision petition has been preferred challenging the order of maintenance dated 09.07.2025 passed in Criminal Proceeding No.237 of 2022, by the learned Judge, Family Court, Jajpur, the parties being referred for mediation vide order date 24.10.2025, the learned Mediator has submitted a report dated 15.11.2025 indicating therein that the mediation became successful.
3. The contents of the said report, which well reflect the terms of compromise, being relevant, are reproduced below.
"MEDIATION REPORT 15/11/2025 Pursuant to the order of the Hon'ble Court dtd.24.10.2025, the mediation was held on 10.11.2025 and today i.e. on 15.11.2025 in different sittings.
The petitioner Sapan Khuntia along with his advocate and the Opposite Party No.1 Subhashree Biswal@ Khuntia is present at High Court of Orissa, Mediation Centre, Aain Seva Bhawan, Cuttack.
The mediation held in both single and joint sittings. I persuaded and generated various options to settle the dispute between the parties amicably.
Both parties have agreed to settle the disputes between them pending in different courts. The petitioner has filed criminal cases against the opposite party No.1 and the opposite party No.1 filed criminal cases against the petitioner and his family members. A proceeding for seeking divorce in C.P Case No.12 of 2021 and Cr.P. No.237 of 2022 seeking maintenance are pending before the Judge Family Court, Jajpur. Both the parties have agreed to settle and compromise all the cases pending against each other. Both the parties have also agreed to file a proceeding for mutual divorce. The petitioner shall pay a sum of Rs.2,50,000/- to the opposite party No.1 & 2 as permanent alimony and they shall have no claim whatsoever against the petitioner. The petitioner has made Sukanya Yojana in the name of opposite party No.2 Ms.Annanya Khuntia, the daughter of both the parties who is now 10 years old and she will be entitled to encash the said amount as and when necessary and the petitioner shall cooperate for the said purpose.
All other cases pending against each other shall be settled and compromised between the parties mutually. With the aforesaid terms and conditions the parties shall abide themselves without any dispute. Thus both the parties, have settled all the disputes between them in this mediation proceeding.
In the above circumstances, the mediation proceeding became "Successful,"
4. Hence, the impugned judgment dated 09.07.2025, passed in Criminal Proceeding No.237 of 2022, is hereby set aside.
5. As consented by the learned Counsel for the parties, it is made clear that the Petitioner-husband shall pay an amount of Rs.2,50,000/- in terms of the Mediation Report before moving a petition under Section 13B of the Hindu Marriage Act, 1955 before the appropriate Court for mutual divorce, which should be moved at the earliest preferably within a period of four weeks hence.
6. It is made clear that before moving such an application for mutual divorce, the Petitioner shall pay a sum of Rs.2,50,000/- (Rupees two lakh fifty thousand) to the Opposite Party No.1-wife towards permanent alimony in shape of demand draft.
7. With the said observation and direction, the revision petition stands disposed of.
8. Urgent certified copy of this order be granted as per rules.
(S. K. Mishra)
Kanhu Judge
Location: High Court of Orissa, Cuttack. Date: 11-Dec-2025 15:11:14
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