Orissa High Court
Anurag Suren vs Poonam Tirkey on 10 March, 2025
Bench: B. P. Routray, Chittaranjan Dash
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Personal Assistant
Reason: Authentication
Location: OHC, Cuttack
Date: 19-Mar-2025 17:23:54
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.405 of 2023
Anurag Suren .... Appellant
Mr. S. Harichandan, Advocate
-versus-
Poonam Tirkey .... Respondent
Mr. S. Mohapatra, Advocate
CORAM:
JUSTICE B. P. ROUTRAY
JUSTICE CHITTARANJAN DASH
ORDER
10.3.2025
Order No.
03. 1. Heard Mr. S. harichandan, learned counsel for the Appellant
and Mr. S. Mohapatra, learned counsel for the Respondent.
2. Present appeal is filed assailing judgment dated 29th
September, 2023 of learned Judge, Family Court, Jharsuguda
passed in C.P. No.60 of 2022 wherein decree of divorce was
granted in favour of the wife by dissolution of marriage along
with direction for payment of permanent alimony to the tune of
Rs.15,30,000/-.
3. The substances of contentions of the wife in presenting
petition under Section 10(1) of the Indian Divorce Act, 1869 is
non-consummation of marriage. According to the wife the
husband was incapable to consummate the marriage and suffering
from erectile dysfunction. The husband was subjected to medical
examination and as per medical opinion he is potent and free
from any erectile dysfunction. It is also opined that the husband is
capable of performing sexual intercourse.
Designation: Personal Assistant
4. Despite such opinion of the medical officer it still remains
admitted on the part of the husband that the marriage has not been
consummated, and thus the statement of the wife regarding her
allegation about non-consummation of marriage is found to be a
truth.
5. Section 10 of the Indian Divorce Act prescribes in one of its
clauses that party has willfully refused to consummate the
marriage and the marriage has not therefore been consummated.
6. It is seen from the facts and evidences brought on record that
the marriage, took place on 7th December, 2020 could not be
consummated till date. Though the husband is making allegation
on the part of the wife that she did not cooperate for
consummation of marriage, but the evidences led on behalf of the
parties tilt in favour of the wife to support her contentions. It is
well settled that a normal and healthy sexual relationship is one of
the basic requirement of a happy and harmonious marriage. The
Hon'ble Supreme Court in the case of Samar Ghosh v. Jaya
Ghosh, 2007 (4) SCC 511 have stated that mental cruelty is a
state of mind. The feeling of deep anguish and frustration in one's
spouse caused by the conduct of the other would also lead to
mental cruelty.
Non-consummation of marriage which remains an admitted
fact in this given case and the wife has successfully established
that it is due to the conduct of the husband. So her prayer for
dissolution of marriage is justified. On this score we agree with
the finding of the learned Family Judge to confirm his direction
for dissolution of marriage.
Designation: Personal Assistant
7. Next coming to the question of grant of permanent alimony,
first of all, the wife is found aged about 37 years and the husband
is aged 38 years on the date of presentation of the petition before
the Family Judge. The wife is presently residing in Jharsuguda
whereas the husband is in the district of Koderama in the State of
Jharkhand. The husband is serving as a Process Server in the
District Court at Koderama and his home take salary is
Rs.34,000/- per month. This remains undisputed. Therefore the
amount derived by the learned Family Judge towards permanent
alimony by adopting the settled principles to count the same to
the tune of Rs.15,30,000/- is seen without any flaw. We
accordingly confirm the same.
8. In the result, the appeal is dismissed and the impugned
judgment and decree of learned Family Judge dated 29th
September, 2023 is confirmed. The amount deposited before this
court by the Appellant - husband pursuant to direction dated 31st
January, 2024 shall be refunded to the Appellant on proper
application. The husband is directed to pay entire amount of
permanent alimony as directed by learned Judge, Family Court
within a period of two months from today by depositing the same
before learned Judge, Family Court, Jharsuguda, failing which the
wife is at liberty to take steps in accordance with law.
(B.P. Routray)
Judge
(Chittaranjan Dash)
Judge
M.K.Panda
