Citation : 2025 Latest Caselaw 4827 Ori
Judgement Date : 10 March, 2025
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 10-Mar-2025 16:32:07
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.89 of 2020
Sanjay Kumar Nanda .... Appellant
Mr. D.Mishra, Advocate
-versus-
Anmol Moti .... Respondent
Mr. A.K.Nath, Advocate
CORAM:
JUSTICE B. P. ROUTRAY
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 10.03.2025
09. 1. The matter is taken up through hybrid mode.
2. Heard Mr. Mishra, learned counsel for the Appellant-Husband and Mr. Nath, learned counsel for the Respondent-Wife.
3. Present appeal is directed against judgment dated 24th August 2020 of learned Judge, Family Court, Dhenkanal passed in C.P.No.33 of 2018, wherein the prayer of the husband to grant decree of divorce by dissolution of marriage was refused.
4. In course of hearing before this Court both parties express their opinion to stay separately and it is fairly submitted by them that, there is no chance of reunion as the parties are not interested for the same. According to them the only challenge is with respect to the quantum of permanent alimony.
5. Taking note of submission of both parties, as they expressly opine for staying separately refusing for reunion, and further
Location: High Court of Orissa, Cuttack
keeping in view the fact that they are staying separately since 2018 without any relationship between them, in our opinion, the marriage has been broken irretrievable. On that score we grant decree of divorce by dissolution of marriage.
6. Coming on the question of permanent alimony, it is admitted that the wife-Respondent is serving as a teacher in Delhi Public School, Dhenkanal and the husband-Appellant is an Insurance Agent. It is stated by the wife that the husband has extra earning sources from different other businesses. The wife is 40 years old as on date and the husband is 50 years. They both are staying at Dhenkanal. Taking all such circumstances into consideration including their age and place of residence, we decide the amount of permanent alimony at Rs.10,00,000/-. The husband-Appellant is directed to pay the amount of Rs.10,00,000/- (Ten Lakh only) towards permanent alimony, within a period of two months from today, failing which the wife is at liberty to proceed against him in accordance with law.
7. The appeal is disposed of, accordingly.
(B.P. Routray) Judge
(Chittaranjan Dash) Judge
S.Das
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