Orissa High Court
Laxmipriya Mohanty @ Samanta vs Chinmaya Kumar Samanta on 7 May, 2025
Bench: B. P. Routray, Chittaranjan Dash
Signature Not Verified
Digitally Signed
Signed by: SARBANI DASH
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 07-May-2025 17:24:22
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.265 of 2024 & MATA No.295 of 2024
MATA No.265 of 2024
Laxmipriya Mohanty @ Samanta .... Appellant
Mr. C. R. Pattnaik, Advocate
-versus-
Chinmaya Kumar Samanta .... Respondent
Mr. N. K. Jena, Advocate
AND
MATA No.295 of 2024
Chinmaya Kumar Samanta .... Appellant
Mr. K. Jena, Advocate
-versus-
Laxmipriya Mohanty @ Samanta .... Respondent
Mr. C. R. Pattnaik, Advocate
CORAM:
JUSTICE B. P. ROUTRAY
JUSTICE CHITTARANJAN DASH
ORDER
07.05.2025
Order No.
09. 1. Heard Mr. Pattnaik, learned counsel for the Appellant-
Wife and Mr. Jena, learned counsel for the Respondent-Husband.
2. Both the husband and wife are also present in person.
They have filed their separate affidavits stating to dissolve the
marriage as both are not interested to continue with their conjugal
life.
Location: HIGH COURT OF ORISSA, CUTTACK
3. Present appeal is directed against the judgment and
decree dated 23rd March 2024 passed by the learned Family
Judge, Dhenkanal passed in C.P. No.92 of 2023, wherein the
prayer of the Husband to dissolve the marriage has been rejected.
4. In view of the affidavits filed by both parties
expressing their intention to stay separately with dissolution of
marriage, we are inclined to allow their prayer to grant the decree
of divorce in terms of Section 13-B of the Hindu Marriage Act.
Accordingly, the marriage dated 4th February 2020 between the
parties is dissolved by decree of divorce.
5. On the question of permanent alimony, it is admitted
on the part of the Husband that he is a B.Tech. Computer
Engineer, but presently unemployed. The Wife is a B.Sc.
graduate. Both parties are young and aged about 37 years and 33
years respectively. At present, both parties are residing in
Athagrah Town. Considering the age of the parties, their place of
residence and educational qualification as well as other
surrounding factors, we feel it appropriate to direct for payment
of permanent alimony to the tune of Rs.10,00,000/- (Rupees Ten
lakhs) in favour of the Wife.
6. In the result, both the appeals are disposed of by
dissolving the marriage between the parties with grant of decree
of divorce and the Husband is directed to pay a sum of
Rs.10,00,000/- (Rupees Ten lakhs) towards permanent alimony in
favour of the Wife by depositing the same before the learned
Location: HIGH COURT OF ORISSA, CUTTACK
Judge, Family Court, Dhenkanal within a period of two months
from today. It is made clear that failing to deposit the amount by
the Husband within the time stipulated, the Wife is at liberty to
execute the same in accordance with law.
7. Urgent certified copy of this order be granted on proper
application.
(B.P. Routray)
Judge
(Chittaranjan Dash)
Judge
Sarbani
