Orissa High Court
Pragyan Aparajita Mohanty vs Sibajee Mohanty on 20 June, 2025
Author: M.S. Sahoo
Bench: M.S. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.368 of 2024
Pragyan Aparajita Mohanty .... Appellant
Represented By Adv. -
Mr. Hemanta Kumar Ratsingh, Advocate
-versus-
Sibajee Mohanty .... Respondent
Represented By Adv. -
Mr. K. Mohapatra, Advocate
CORAM:
JUSTICE DIXIT KRISHNA SHRIPAD
JUSTICE M.S. SAHOO
ORDER
20.06.2025
Order No.
03. 1. Pursuant to the order passed earlier by the co-ordinate
Bench, the parties to the appeal are present. The appellant-wife-
Pragyan Aparajita Mohanty and the respondent-husband-Sibajee
Mohanty are identified by their respective learned counsel. The
parents of the respondent, Sri Trilok Sundar Mohanty and Smt.
Malaya Manjary Mohanty are also present. This Court appreciates
the fact that both the parties have agreed for a amicable settlement
and peaceful end of litigation(s).
2. Learned counsel for the respondent submits that for disposal
of the appeal on compromise they had suggested an amount of
Rs.13,00,000/-, though there has been no challenge by the
respondent to the amount decided as permanent alimony by the
learned trial court.
3. The appellant was asked by the Court to consider whether
she will accept the amount Rs.15,00,000/- towards alimony as
awarded by the judgment dated 29.08.2024 passed in C.P. No315 of
2021 by the learned Judge, Family Court, Jagatsinghpur. She takes
a pragmatic stand that she will accept the same and litigation should
also come to an end.
4. In considered view of this Court, the appellant cannot have
a right worse than that was determined and decreed by the learned
trial court, the amount of permanent alimony being Rs.15,00,000/-.
Though the appellant expects Rs.18,00,000/- as amount of
permanent alimony on being persuaded by the court she has agreed
to accept the amount of Rs.15,00,000/- as full and final settlement.
5. The respondent produces two account pay cheques drawn
on Central Bank of India, Naya Chowk Branch, Cuttack, both
cheques are dated 09.05.2025, A/c. No.3476330366 of the father of
the respondent, Sri Trilok Sundar Mohanty. Cheque No.061536 is
of an amount of Rs.11,00,000/- and Cheque No.061537 is of an
amount of Rs.2,00,000/-. Both the cheques in original are handed
over to the appellant, which she acknowledges in the photo copy of
the cheques that is taken on record. The appellant submits that
though direction was for submission of demand draft, the amount is
being tendered in form of cheque. The photo copy of the cheques
with endorsement by the appellant accepting the same are kept on
record.
6. We are assured by the respondent and his father who has
drawn the cheques that both the cheques on being deposited by the
appellant in her account in State Bank of India, Mandasahi Branch,
Jagatsinghpur, the same shall be cleared and credited to her
account.
It is also observed that in case the cheques will be
dishonoured, the same shall be treated to be contempt of the Court
by the drawer of the cheques and the respondent, since the order
was for deposit of demand draft in favour of the appellant.
7. The respondent seeks further five weeks' time to
deposit/credit the amount of Rs.2,00,000/- to the account of the
appellant. The time as prayed for is allowed and the respondent is
advised to make the deposit as undertaken.
8. Further, the parties also file Memos of date indicating that
their willingness to unconditionally withdraw the pending cases
against each other. The memos are taken on record. Learned
counsel for the respondent also refers to the compromise petition
wherein the details of those cases are also mentioned.
9. In view of the orders passed/directions made the order dated
12.05.2025 passed by the co-ordinate Bench pales to insignificance.
Call this matter on 30.07.2025. Liberty to mention for
listing before the same Bench.
(Dixit Krishna Shripad)
Judge
Digitally Signed Judge
Gs/Jyostna
Date: 23-Jun-2025 19:32:16
