2. Heard Mr.A.K.Behera, learned counsel appearing for the
Appellant-Husband and Mr.S.Mohanty, learned counsel appearing
for the Respondent-wife.
3. The estranged couple is before us, agreeing to the decrees of
divorce separately secured by them at the hands of Court below.
4. Both the sides having amicably settled the matter have sworn
to a joint affidavit that runs as under :-
3. That, in pursuance to the aforesaid order, both
the parties were present in this Hon'ble Court on
22.07.2025.
4. That, during course of hearing, both the parties
were suggested to have an amicable settlement, regarding
the quantum of the permanent alimony, if not possible
for re-union, on the mediatorship of Mr.S.B.Panda,
learned State Counsel.
5. That, accordingly, on the help of mediator
Mr.S.B. Panda, learned State Counsel, both the parties
have settled their dispute in presence of their respective
counsel, as per the following terms and conditions :
i) The marriage between the parties can be
dissolved on the amicable settlement on receiving the
permanent alimony of Rs.20,00,000/- (Rupees Twenty
Lakh) only by the Respondent-wife towards full and final
settlement without any further claim in any proceeding.
ii) Both the parties have undertaken to drop their
respective proceedings pending against each other in the
different courts by virtue of the direction that would be
passed by this Hon'ble Court in this Matrimonial appeal.
List of cases pending is attached herewith.
iii) Out of the agreed amount of Rs.20,00,000/-
towards permanent alimony, the Appellant has already
transferred a sum of Rs.5,00,000/- to the account of the
Respondent on 24.07.2025 through RTGS and no more
amount can be transferred to her account due to the
restriction of the bank. However, this Hon'ble Court can
direct the Drawing Disbursing Authority of the Appellant
to transfer the balance amount of Rs.15,00,000/- to the
account of the Respondent out of the Terminal Benefit of
the Appellant which is lying with them and the balance
amount may be transfer to the account of the Appellant.
Copy of the proof of transfer of Rs.5,00,000/- is attached
herewith.
6. That, the facts stated above are true to the best
our knowledge, which we believe to be true and we
signed this affidavit in presence of our respective
counsel."
5. The Appellant and the Respondent are and were personally
present before the Court this day and earlier days of hearing as well.
We have interacted with them and we have heard their learned
Advocates. We have perused the contents of the joint affidavit and
ascertained the truthfulness of its contents. Learned Advocates and
also the parties on being asked, specifically agree that they
understood the contents of the affidavit and they agree to its effect
as well. We are of the considered opinion that the settlement is
bona fide and in the best interest of the parties, decree of divorce
having distanced from each other once for all.
6. In terms of the settlement, the Appellant, Mr. Girija Prasad
Jena has transferred from his bank account to that of the
Respondent, Ms. Monalisa Jena a sum of Rs.5,00,000/- (rupees five
lakh) only by RTGS yesterday (24.07.2025). Receipt is
acknowledged by the Respondent and the bank voucher
substantiating the same is reflected in the WhatsApp message of the
banker to the account holder, i.e., Appellant herein.
7. So far as the remainder of the amount, i.e., Rs.5,00,000/- is
concerned, the same shall be remitted to the banker of the
Respondent, Ms. Monalisa Jena bearing SB A/c.
No.202301000696, ICICI Bank, Duburi. This is to be done by the
Competent Authority/Controller General of Defence Accounts,
Indian Air Force, New Delhi from the terminal benefits payable to
the Appellant, Mr. Girija Prasad Jena [Service No.744231R (JWO)]
on the production of this order. Accordingly, our freezing order
dated 04.07.2025 stands vacated.
8. On receipt of the above amount at the hands of the Indian
Air Force, the Respondent, Ms. Monalisa Jena shall produce a
certified copy of this order before the jurisdictional Courts, list
whereof is as under and seek their closure once for all:
"1. G.R. Case No.275 of 2024 arising out of Tomka
P.S. Case No.01 of 2017 pending in the Court of learned
J.M.F.C., Jajpur Road.
2. D.V. Case No.29 of 2017 pending before the
learned J.M.F.C., Jajpur Road.
3. Cr.P.(Exn.) No.63 of 2022 arising out of Cr.P.
No.08 of 2017 pending in the Court of learned Judge,
Family Court, Jajpur.
4. C.P.(Exn.) No.09 of 2024 arising out of C.P.
Case No.73 of 2024 pending in the Court of learned Judge,
Family Court, Jajpur."
9. On production of a certified copy of this order, the learned
judges of jurisdictional courts to drop the pending proceedings and
report compliance to the Registrar General of this Court without
insisting upon any formal application, affidavit or pleading from
any of the parties. On being asked, the Appellant says that he has
not instituted any other case against the Respondent herein. We
clarify that the amount sought to be recovered from the Appellant
has already been accounted for in the present direction granting
permanent alimony.
In the above circumstances, the Matrimonial Appeal is
disposed of modifying the impugned judgment & order retaining
the decree of divorce intact. It is clarified that the divorce decrees
obtained by both the parties shall stand merged with each other
subject to the modification as has been made under this order.
If any difficulty arises in giving effect to this settlement, the
parties are at liberty to move appropriate application before this
Court in the present Appeal.
We place on record our deep appreciation for the Yeomen
Service rendered by Mr. S.B.Panda, learned Additional
Government Advocate, Cuttack in bringing about this settlement.
(Dixit Krishna Shripad)
Judge
(Mruganka Sekhar Sahoo)
Judge
Manoj/Madhusmita
Location: HIGH COURT OF ORISSA, CUTTACK
