Orissa High Court
Sanjukta@Dharitri Khamari vs Dileshwar Patra on 24 March, 2025
Bench: B. P. Routray, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.230 of 2024
Sanjukta@Dharitri Khamari .... Appellant
Mr. A.P. Bose, Advocate
-versus-
Dileshwar Patra .... Respondent
Mr. R.C. Swain, Advocate
CORAM:
JUSTICE B. P. ROUTRAY
JUSTICE CHITTARANJAN DASH
ORDER
24.03.2025
Order No.
04. 1. The cost as directed by this Court on 13.02.2025 is modified to
Rs.1000/- on the prayer of the Respondent. Counsel for the
Respondent pays the same in Court to the counsel for the
Appellant.
2. Heard Mr. A.P. Bose, learned counsel for Appellant-Wife and
Mr. R.C. Swain, learned counsel for Respondent-Husband.
3. Present appeal by the Wife is directed against the impugned
judgment dated 07.03.2024 of learned Judge, Family Court,
Sonepur passed in Civil Proceeding No.38 of 2023.
4. The Wife limits her challenge to the quantum of permanent
alimony and she does not question the decree of divorce. The
Respondent-Husband also does not want to disturb the decree of
divorce.
Location: High Court of Orissa, Cuttack
Date: 25-Mar-2025 11:34:28
5. Learned Judge, Family Court, Sonepur while granting decree
of divorce has directed for payment of permanent alimony to the
tune of Rs.8,00,000/-. The Respondent-Husband is serving as a
Teacher in Central School at Bolangir and getting monthly salary
of Rs.1,07,000/- presently, as admitted on behalf of the
Respondent in course of hearing. Admittedly the Wife has no
income and she is staying separately along with her minor son. It
is seen that the Family Court while directing for payment of
permanent alimony did not grant any maintenance in favour of
the minor son despite the interim direction of payment of
Rs.12000/- for maintenance for mother and son.
6. Taking note of the age of the parties, their places of residence
and the admitted income of the Husband from his service as a
Teacher, we feel it appropriate to enhance the permanent alimony
to Rs.18,00,000/- instead of Rs.8,00,000/-. Besides such amount
of permanent alimony, the Respondent-Husband is directed to
pay monthly maintenance of Rs.12,000/- in favour of minor son.
7. It is submitted by the parties that, though the amount of
Rs.8,00,000/- as directed the learned Judge, Family Court,
Sonepur has been deposited by the Husband, but the same has not
yet been received by the Wife.
8. Accordingly, learned Judge, Family Court, Sonepur is directed
to refund that amount to Respondent-Husband. The Husband is
directed to deposit total amount of Rs.18,00,000/- towards
permanent alimony to the Wife within a period of two months
from today before learned family Court. In addition to the same,
Signed by: BASANTA KUMAR BARIK
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 25-Mar-2025 11:34:28
the Respondent-Husband is directed to pay monthly maintenance
of Rs.12,000/- to the son w.e.f the date of judgment of learned
Judge, Family Court, Sonepur, i.e. 07.03.2024. Failing to pay the
permanent alimony to the Wife or monthly maintenance in favour
of the son, the Wife is at liberty to seek execution of the same
before the appropriate court of law. In respect of the claim of the
Wife regarding return of dowry articles, she is at liberty to
approach in appropriate proceeding.
9. With the aforesaid direction and observations, the appeal is
disposed of.
(B.P. Routray)
Judge
(Chittaranjan Dash)
Judge
B.K. Barik
Signed by: BASANTA KUMAR BARIK
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 25-Mar-2025 11:34:28
