Amrita Pattnaik vs Nishikanta Mohanty
2025 Latest Caselaw 5386 Ori

Orissa High Court

Amrita Pattnaik vs Nishikanta Mohanty on 26 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: 26-Mar-2025 16:56:24



                                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                            MATA No.239 of 2023

                           Amrita Pattnaik                          ....         Appellant
                                                               Mr. Manas Chand, Advocate
                                                       -versus-
                           Nishikanta Mohanty                       ....       Respondent

                                    CORAM:
                                     JUSTICE B. P. ROUTRAY
                                     JUSTICE CHITTARANJAN DASH
                                                    ORDER

26.3.2025 Order No.

04. 1. Mr. M. Chand, learned counsel for the Appellant is present.

None appears on call for the Respondent. On the last occasion also the Respondent was left unrepresented.

2. The wife - Appellant has challenged the impugned judgment dated 3rd May, 2023 passed in C.P. No.490 of 2016 of learned Judge, Family Court, Bhubaneswar wherein the decree of divorce was granted at the behest of husband - Respondent to dissolve the marriage with payment of permanent alimony of Rs.6 lakhs.

3. Mr. Chand, learned counsel for the wife - Appellant submits that the Appellant is no more interested to challenge the decree of divorce and her challenge is limited to the question of quantum of permanent alimony only. It is further submitted that as per the record, the husband is serving in Australia and drawing monthly salary of Rs.2 lakhs (4000 Australian dollar).

4. It is seen from the record that the salary of the Respondent - husband in Australian dollar of 4000 per month, equivalent to Indian currency of Rs.2 lakhs, is not disputed. Further, the income

Designation: Personal Assistant

of the wife as Assistant Manager in HDFC Asset Management Company Limited to the tune of Rs.29,944.83 per month as on 28th September, 2017 is also admitted. It is submitted on behalf of the wife - Appellant that presently she is jobless since February, 2022.

5. The wife - Appellant is staying in Bhubaneswar and she is aged about 33 years on the date of presentation of the appeal. The husband is a permanent resident of Bhubaneswar also and he was aged about 35 years on the date of presentation of the appeal memo.

6. Considering all such factors, age of the parties, their status and their places of residence, we deem it fit and proper to enhance the amount of permanent alimony to the tune of Rs.18 lakhs. Admittedly there is no child born out of wedlock of the parties.

7. In the result the appeal is allowed to the above extent and the Respondent - husband is directed to pay permanent alimony of Rs.18,00,000/- (eighteen lakhs) in favour of the wife by depositing the same before learned Judge, Family Court, Bhubaneswar within a period of two months from today. Failing to deposit the amount by the husband, the wife is at liberty to proceed against him in accordance with law.

(B.P. Routray) Judge

(Chittaranjan Dash) Judge M.K.Panda