Smt. Puspanjali Nayak vs Rama Krushna Nayak
2025 Latest Caselaw 3009 Ori

Orissa High Court

Smt. Puspanjali Nayak vs Rama Krushna Nayak on 28 January, 2025

Bench: B. P. Routray, Murahari Sri Raman

Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Reason: Authentication
Location: OHC, Cuttack
Date: 29-Jan-2025 15:48:59


                               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                            MATA No.104 of 2016
                           Smt. Puspanjali Nayak                   ....        Appellant
                                                    Mr. Lalatendu Samantaray, Advocate
                                                      -versus-
                           Rama Krushna Nayak                       ....       Respondent
                                                                   Ms. P. Jena, Advocate
                                 CORAM:
                                 JUSTICE B. P. ROUTRAY
                                 JUSTICE MURAHARI SRI RAMAN
                                                 ORDER

Order No. 28.01.2025

17. 1. The matter is taken up through hybrid mode.

2. Heard Mr. L. Samantray, learned counsel for the Appellant and Ms. P. Jena, learned counsel for the Respondent.

3. The wife-Appellant has challenged the Decree of divorce passed by the learned Family Judge, Berhampur dated 11th May, 2016 passed in C.P. No.194 of 2013.

4. It is submitted at the Bar that, the Decree of divorce granted by the Family Court is not questioned in the present appeal but the challenge is limited to the extent of permanent alimony.

5. As seen from the impugned judgment, learned Family Judge has directed for payment of permanent alimony of Rs.1,00,000/- (Rupees One lakh) to the wife, besides the payment to the extent of Rs.1,00,000/- (Rupees One lakh) directed to be made in respect of the minor daughter.

6. It is admitted by both the parties that the husband-Respondent is now serving as regular primary school teacher and he is about to retire in the year 2027. It is also surfaced in course of hearing that the husband-Respondent has remarried after the Decree of divorce and presently having two minor children from the second wife.

7. Considering all such factors and the limited challenge with regard to quantum of permanent alimony, we feel it appropriate to give further Rs.1,00,000/- (one lakh) in favour of the wife by the husband-Respondent, which would serve the ends of justice.

8. Accordingly, the appeal is disposed of with a direction to the husband-Respondent to deposit demand draft amounting Rs.1,00,000/- (rupees one lakh) in the name of the wife-Appellant before learned Family Court, within a period of six weeks from today, which will be handed over to the wife-Appellant.

(B.P. Routray) Judge

(M.S. Raman) Judge M.K. Panda/Suchitra