Orissa High Court

Kumar Suvendu Sekhar vs Archana Mallik on 4 July, 2025

Author: M.S.Sahoo

Bench: M.S.Sahoo

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                              MATA No.112 of 2024
                 Kumar Suvendu Sekhar             ....                  Appellant
                                                       Mr.B.K. Swain, Advocate

                                            -versus-
                 Archana Mallik                              ....    Respondent
                                                        Mr.J. Bhuyan, Advocate

                          CORAM:
                          JUSTICE DIXIT KRISHNA SHRIPAD
                          JUSTICE M.S.SAHOO
                                         ORDER

04.07.2025 Order No. 1. This matter is taken up through hybrid mode.

05.

2. Husband is grieving appellate jurisdiction of this Court against the judgment and decree dated 1.9.2023 passed by the learned Judge, Family Court, Jajpur whereby not only marriage has been dissolved at the instance of the wife but also a decree for alimony has been accorded.

3. Learned counsel for the appellant submits that he has no grievance as against the decree for dissolution of the marriage and that the grievance in the appeal is confined to the payment of alimony in a sum of Rs.5,00,000/- (Rupees Five Lakh). He vehemently argues that his client is struck with polio by birth and he needs the assistance of some other person to have mobility which would cost him; the Court below grossly erred in not ascertaining the income and potential income of the appellant and therefore the impugned judgment and decree to that extent are liable to be struck down.

4. Having heard learned counsel for the appellant as well as the respondent and having perused the appeal papers, we decline indulgence in the mater inasmuch as the polio, which the learned

counsel for the appellant is mentioning, was with his client right from the day he saw the light for the first time in life. It is not his case that because of wife's cruelty or such other thing, the polio is contracted or that it is aggravated. Many diseases come and go and some diseases stay is true. If the disease had not come in the way of the appellant contracting the subject matter, it should not come in the discharge of his liability to maintain the wife after all our law and out scriptures say that it is the duty of the husband to look after the wife just like "BHARTA RAKSHYATI YABONE"

In the above circumstances, no case is made out for our interference and therefore the appeal is rejected costs having been made easy.

5. The appellant-husband is directed to remit to the account of the respondent-wife the alimony amount as decreed by the learned Judge, Family Court, Jajpur within a period of two (2) months failing which the alimony would attract a levy of Rs.100/- (One Hundred) per day of delay brooked.

(Dixit Krishna Shripad) Judge

(M.S. Sahoo) Judge Basu

Designation: ASST. REGISTRAR-CUM-SR. SECRETARY

Location: HIGH COURT OF ORISSA : CUTTACK Date: 07-Jul-2025 10:52:31