Orissa High Court

Abhisekh Singh vs Jyotimayi Singh on 7 July, 2025

Author: M.S. Sahoo

Bench: M.S. Sahoo

                                 IN THE HIGOURT
                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    MATA No. 80 of 2015
            Abhisekh Singh                ....                                 Appellant
                                                                  Represented by Adv.-
                                                                  Mr. P. Das, Advocate
                                                           for Mr. S.K. Dash, Advocate
                                               -versus-
            Jyotimayi Singh               ....                                  Respondent
                                                                   Represented by Adv.-
                                                          Mr. G.K. Mohanty, Advocate

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

07.07.2025 Order No.

08. 1. This appeal of 2015 has been filed by the husband confining the challenge to the award of alimony in a sum of Rs.12,00,000/- (rupees twelve lakh) entered by the Court below vide judgment and decree dated 24.03.2015 passed in C.P. No.55 of 2013.

2. After service of notice, the respondent-wife has entered appearance through her counsel. Learned counsel appearing for the appellant submits that matter has been amicably settled before the Lok Adalat and accordingly notice made by the Executing Court in Execution Case No.14 of 2015 vide order dated 09.04.2016 which reads as under.

"National Lok Adalat 09.04.2016 Both parties appeared in person along with their respective counsels and filed a joint compromise petition. In presence of court Rs.12,00,000/- (Twelve lakh) vide S.B. Hyderbad, Angul Branch cheque No.002362, dtd. 09.4.2016 for Rs.7,00,000/- and Union Bank, Angul cheque No.021688, dtd. 9.4.2016 for Rs.5,00,000/- (five lakh) is

handed over to the petitioner-wife who received the same and submitted acknowledgement. Accordingly compromise petition is heard. The Petitioner-wife promised for closing G.R. Case 2102/2012 and Criminal Misc. case 99/2014 pending in the court of learned S.D.J.M., Dhenkanal and similarly the Jdr promised to withdraw criminal Appeal No.03/2014 from the court of learned District Judge, Dhenkanal. So compromise petition is considered and accepted, hence. It is ordered.

Order On payment of full and final amount of permanent alimony of Rs.12,00,000/- (Twelve lakhs) by way of cheque, the present execution case is accordingly dropped but the Dhr-wife within three days of passing this order will inform the court that the cheque amount has been realised by her.

Dictated & corrected by me.

Judge, F.C. Dkl "

3. It is asserted by the learned counsel representing the appellant- husband that the cheque for the sum in question, having been presented to the drawee bank, has been honoured and that the wife has pocketed the said amount. He further submits that in view of the above, the impugned order be to the extent of challenge set at naught/modified. We agree with the same.

4. In the above circumstances, appeal stands disposed of in terms of the settlement arrived at before the Lok Adalat. The decree put in challenge accordingly stands modified. Costs made easy.

( Dixit Krishna Shripad ) Judge

( M.S. Sahoo ) Judge

Signed by: PRASANT KUMAR SAHOO Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court Date: 07-Jul-2025 17:41:37 Prasant