Jharana Balabantaray & Another vs Santosh Balabantaray
2025 Latest Caselaw 3922 Ori

Orissa High Court

Jharana Balabantaray & Another vs Santosh Balabantaray on 12 February, 2025

Bench: B. P. Routray, Chittaranjan Dash

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MATA No. 74 of 2019

            Jharana Balabantaray & Another            ....         Appellants
                                                Mr. M.K. Mohanty, Advocate
                                         -versus-
            Santosh Balabantaray                      ....        Respondent
                                                      Mr. S. Dash, Advocate

                          CORAM:
                          JUSTICE B. P. ROUTRAY
                          JUSTICE CHITTARANJAN DASH

                                      ORDER

12.02.2025 Order No.

21. 1. Heard learned counsel for the Parties.

2. The challenge in present Appeal is limited to the extent of quantum of permanent alimony directed in the impugned judgment dated 28th September, 2018 by the learned Judge, Family Court, Bhubaneswar passed in Civil Proceeding No.207 of 2014.

3. The learned Judge, while granting decree of divorce by dissolving the marriage directed for payment of permanent alimony of Rs.5,00,000/- in favour of the wife and minor daughter, which is challenged in present Appeal stating to be inadequate.

4. In course of hearing, it is stated that in the meantime, the daughter namely Bishnupriya Balabantaray has already attained majority and reached marriageable age. It is also submitted that

the Respondent has not yet paid the amount of Rs.5,00,000/- as directed by learned Judge, Family Court, Bhubaneswar.

5. As seen from record, Exibits 1 to 4 reveal landed properties recorded in the name of the husband or his father. Such recording of landed properties in favour of the husband in terms of Exibits 1 to 4 is neither rebutted nor demolished by the husband in his evidence. As per wife, the husband was a Real Estate businessman having a four wheeler registered in his name and he is financially affluent having sufficient income.

6. Taking note of all such circumstances and the materials brought in evidence on record, we feel it appropriate to enhance the amount of permanent alimony to Rs.12,00,000/-, instead of Rs.5,00,000/-, to be paid by the Respondent in favour of the Appellants.

7. In the result, the Appeal is disposed of with a direction to the Respondent to deposit the enhanced amount of permanent alimony of Rs.12,00,000/- (twelve lakh) before the learned Judge, Family Court, Bhubaneswar within a period of 45 days from today, failing which, the Appellants are at liberty to realize the same from the Respondent in accordance with law.

                                                                   (B.P. Routray)
                                                                       Judge



Digitally Signed                                                      Judge


Location: HIGH   COURT OF ORISSA
           AKPradhan/Bijay
Date: 13-Feb-2025 15:07:06