Orissa High Court
Bhagyashree Mohanta vs Priyakanta Mohanta on 20 February, 2025
Bench: B.P. Routray, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No. 190 of 2023
Bhagyashree Mohanta .... Appellant
Mr. S.R. Tripathy, Advocate
-versus-
Priyakanta Mohanta .... Respondent
Mr. P.K. Panda, Advocate
CORAM:
THE HON'BLE MR. JUSTICE B.P. ROUTRAY
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 20.02.2025
03. 1. Heard learned counsel for the Parties.
2. The present Appeal is directed against the
impugned judgment dated 29th March 2023 of the
learned Judge, Family Court, Baripada passed in C.P.
No.72 of 2021, wherein decree of divorce was granted
at the behest of the husband by dissolving the marriage
between the Parties.
3. The Appellant and Respondent married on 29th
November 2017 as per the Hindu Customs and Rights.
From the allegations of the husband it emerges that the
wife started behaving abnormally on the very forth
night of the marriage and he came to know that the wife
was receiving treatment for her psychiatric problem and
was taking medicines prior to their marriage. The said
fact was stated by all the witnesses present on behalf of
the husband-Petitioner, which could not be sufficiently
rebutted by the wife-Respondent. It is seen from the
evidence of wife-D.W.1 that she has refused to join the
union with her husband even though the husband was
agreeable to take her back. The conciliation proceeding
before this Court also failed as per the report of the
Mediation Cell.
4. The amount of Rs.5 lakhs towards permanent
alimony as directed by the learned Judge, Family Court,
Baripada has already been received by her in course of
mediation and in addition to the same, a further sum of
Rs.1,70,000/- has also been received by the wife
towards the amount paid by her father through various
bank transaction after marriage.
5. In the circumstances taking note of the evidences
brought on record, we are not inclined to disturb the
decree of divorce between the Parties as granted by the
learned Judge, Family Court, Baripada. The wife-
Appellant also seeks to challenge the impugned
judgment limiting her claim to the quantum of
permanent alimony.
6. The husband is serving as a primary school
teacher in the district of Mayurbhanj. As per the finding
of the learned Judge, Family Court, Baripada, the
husband-Respondent was receiving Rs.26,000/- per
month towards his salary in the year 2022. It is
submitted by the wife-Appellant that in the meantime
his salary has been increased to Rs.39,723/- per month.
Taking note of the same and the circumstances of the
case and the fact as to refusal of the wife to join the
union with her husband, and all other surrounding
factors, we feel it apposite to direct for payment of
further amount of Rs.3.50 lakhs towards permanent
alimony in addition to the amount already paid by the
husband. The enhanced amount of Rs.3.50 lakhs shall
be paid by the husband-Respondent in favour of the
wife-Appellant through Bank Draft depositing the same
before the learned Judge, Family Court, Baripada
within a period of sixty days from today which shall be
released in favour of the wife with the satisfaction of
the learned Judge, Family Court, Baripada.
7. With the aforesaid observations and directions, the
Appeal is disposed of.
(B.P. Routray)
Judge
(Chittaranjan Dash)
Judge
AKPradhan/ Bijay
