Orissa High Court
Dusmanta Tandi @ vs Rajshree Nanda .... Opposite Party on 29 October, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.42736 of 2023
Dusmanta Tandi @ .... Petitioner
Tikeswar
Mr. A. Dash, Advocate
-versus-
Rajshree Nanda .... Opposite Party
Mr. U.C. Mishra Advocate
W.P.(C) No.42739 of 2023
Dusmanta Tandi @ .... Petitioner
Tikeswar
Mr. A. Dash, Advocate
-versus-
Rajshree Nanda .... Opposite Party
Mr. U.C. Mishra Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
29.10.2025
Order No.
06. This matter is taken up through hybrid mode.
2. Pursuant to order dated 24.10.2025, learned
Counsel for the Parties file a Joint Application/Affidavit
of Compromise in the Court, which is taken on record.
3. Clause-A to G of the said Joint
Application/Affidavit, being relevant are extracted
below:-
"A. The parties i.e. the petitioner-
husband (Respondent in C.P. Case No.
26 of 2023 pending before the learned
Judge, Family Court, Bhawanipatana)
and the Opp. Party-wife (Petitioner in
C.P. Case No. 26 of 2023 pending
before the learned Judge, Family
Court, Bhawanipatana) will make a
joint prayer before the learned Judge,
Family Court, Bhawanipatana by
filing appropriate application to
convert C.P. Case No. 26 of 2023 to a
petition u/s 13B of the Hindu
Marriage Act, 1955 for mutual divorce
and also make a joint prayer before
the learned Judge, Family Court,
Bhawanipatna to waive off the cooling
period as provided in Section 13B of
the Hindu Marriage Act, 1955 in the
spirit of the judgment of the Hon'ble
Supreme Court in the case of
Amardeep Singh v. Harveen Kaur
[(2017) 8 SCC 746]. The parties
undertakes to appear before the
learned Judge, Family Court,
Bhawanipatna on 11.11.2025 for
filing of appropriate application as
mentioned hereinabove.
B. The petitioner-husband has
already paid a sum of Rs. 5,00,000/-
(Rupees Five Lakhs Only) by way of a
Demand Draft bearing no. "206006"
dated 24.9.2025 drawn on State
Bank of India, Sector-6 Branch,
Rourkela and Rs. 1,00,000/- (Rupees
One lakh Only) by way of cash, in
total Rs. 6,00,000/- as full and final
settlement/alimony amount to the
Opp. Party-wife on 26.9.2025 in front
of the learned Mediator and the family
members of both the parties and also
in the presence of the Advocate for the
parties. After receipt of the aforesaid
amount of Rs. Six lakhs by way of a
Demand Draft as well as cash, the
Opp. Party-wife will have no further
claim whatsoever against the
petitioner-husband for permanent
alimony or interim maintenance in
present or in future under any Law in
force and the Opp. Party-wife further
undertakes that she will not institute
any case for grant of permanent
alimony/interim maintenance in any
court of law in future. After receipt of
the aforesaid amount of Rs. Six lakhs
by way of a Demand Draft as well as
cash, the Opp. Party-wife is also not
entitled to file any case under any
Law in force on behalf of the minor
child of the parties i.e. Ishan Ranjan
Tandi claiming maintenance from the
Petitioner-husband in the present or in
the future. It is understood between
the parties that the amount of Rs. 6
lakhs is being paid for the
maintenance of both the Opp. Party-
wife and the minor child of the parties
i.e. Ishan Ranjan Tandi as full and
final settlement for the present and
also for the future.
C. The Opp. Party-Wife and her father
(being the informant) undertakes to
withdraw the case i.e. C.T. Case No.
1170 of 2021 corresponding to
Bhawanipatna Town P.S. Case No.
0405 of 2021 pending before the
learned S.D.J.M., Bhawanipatna or
else in the alternative, if the petitioner-
husband or any other accused
person(s) in the said case files an
application u/s 482 of the Code of
Criminal Procedure, 1973 r/w Section
528 of Bharatiya Nagarik Suraksha
Sanhita, 2023 before this Hon'ble
Court for quashing of the said criminal
proceeding, then the Opp. Party-wife
and the informant in the said criminal
case, who is the father of the Opp.
Party-wife will fully co-operate without
without any demur for quashing of the
said case i.e. C.T. Case No. 1170 of
2021 corresponding to Bhawanipatna
pending before the learned S.D.J.M.,
Bhawanipatna by filing their no-
objection.
D. The Opp. Party-wife undertakes to
fully respect the visitation rights of the
petitioner-husband with respect to the
minor son of the parties, namely Ishan
Ranjan Tandi. The petitioner-husband
will have visitation rights on any one
Sunday of every month and he will go
to the place where the child is residing
with his mother (Opp. Party-wife). The
Petitioner (husband) and his parents
will come to the place of Opp. Party
(wife). The child can be taken by
petitioner (husband) and his parents
along with the Opp. Party (wife) and
her parents to park, shopping mall or
to any other such public place for
recreation for a few hours (tentatively
for four to five hours minimum subject
to condition and comfort of the minor
child and the petitioner undertakes to
drop the child and mother (Opp. Party)
and her parents in their place without
any disturbance at all. Both parties
undertake to keep their mobile phones
open for seamless co-operation in this
regard. The Petitioner or his family
members will give prior information to
the Opp. Party at least three days in
advance as regards the particular
Sunday on which they intend to visit
the minor son of the parties.
E. The petitioner undertakes that he
will not have any claim whatsoever in
present or in future and specifically
over the golden ornaments which
were gifted from the side of the
petitioner at the time of marriage and
which are in custody of the Opp.
Party-wife at present.
F. The Petitioner undertakes to
unconditionally withdraw W.P. (C) No.
42736 of 2023 and W.P. (C) No.
42739 of 2023 before the Hon'ble
High Court of Orissa and both parties
are filing the present joint affidavit as
per the terms and conditions of
settlement of the Joint Affidavit filed
before the learned Mediator in
Mediation Proceeding No. 486 of 2025.
G. That the parties do hereby agree
that they will not raise any further
dispute after disposal of the present
writ petitions i.e. W.P. (C) No. 42736 of
2023 and W.P. (C) No. 42739 of 2023,
C.P. Case No. 26 of 2023 pending
before the learned Judge, Family
Court, Bhawanipatana and C.T. Case
No. 1170 of 2021 corresponding to
Bhawanipatna Town P.S. Case No.
0405 of 2021 pending before the
learned S.D.J.M., Bhawanipatna."
4. Parties are directed to act in terms of the said
Joint Application/Affidavit filed before this Court.
5. Accordingly, both the writ petitions stand
disposed of.
6. Urgent certified copy of this order be granted on
proper application as per rules.
(S.K. MISHRA)
Banita
JUDGE
Signed by: BANITA PRIYADARSHINI PALEI
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 30-Oct-2025 17:08:24
