Orissa High Court
Liza @ Jayatri Behera vs Bapi @ Birendra Behera on 19 September, 2025
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No. 226 of 2024
Liza @ Jayatri Behera .... Appellant
Represented by Adv.-
Mr. Md. Faradish, Advocate
-Versus-
Bapi @ Birendra Behera .... Respondent
Represented by Adv.-
Mrs. Krishna Mohapatra, Advocate
CORAM:
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
Order No. 19.09.2025
(Hybrid mode)
05. 1. The appeal has been filed by the appellant-wife,
challenging the judgment and decree dated 09.05.2024 passed by
the learned Judge, Family Court, Dhenkanal in Civil Proceeding
No.102 of 2023.
2. By order dated 07.04.2025, the Coordinate Bench had
referred the matter for mediation, as it was suggested by the
learned counsel appearing for the appellant and the respondent.
3. The mediation report dated 26th June, 2025 has been placed
on record which bears signatures of the learned counsel for the
parties. The appellant-Smt. Liza @ Jayatri Behera and the
respondent-Mr. Bapi @ Birendra Behera in person. Mrs.
Bandanarani Patra, the mother of the appellant-Smt. Liza @ Jayatri
Behera and Mr. Banamali Behera, the father of the respondent- Mr.
Bapi @ Birendra Behera.
4. The paragraphs in the mediation report relevant for
consideration vis-à-vis the present appeal are reproduced herein:-
"Today i.e. on this day the appellant is present along with her
mother and learned counsel M. Faradish, Advocate. The
respondent is also present along with his parents and learned
counsel Krishna Mohapatra Advocate.
Both parties have voluntarily agreed to settle all the
dispute arising out of matrimonial dispute amicably through
mediation process.
The following terms of settlement have been mutually
agreed upon.
1. That the parties have agreed to settle all claims, including
stridhan, maintenance (past, present and future), permanent
alimony, and other claims under any legal proceedings, for a
total amount of ₹14,00,000/- (Rupees Fourteen Lakhs only)
as full and final settlement.
2. That both the Appellant and Respondent agree and undertake
that:
a. The pending CRP No. 56 of 2023 before the Hon'ble
Family Court shall be withdrawn and not pressed by
the Appellant.
b. The pending Civil Proceeding No.102 of 2023 shall
become infructuous and disposed of accordingly.
3. That both parties are blessed with a female child. Considering
the best interest and welfare of the child, the amount agreed
under this settlement shall be appropriately fixed/deposited/
invested for the future prospects and well-being of the child.
4. That the Respondent shall pay the settlement amount of
14,00,000/-(Rupees Fourteen Lakhs) only in three equal
instalments to the Appellant mutual agreed. The schedule and
mode of payment shall be mutually agreed (a) first installment
pay on or before 7th of July, 2025 amounting to ₹5,00,000/-
and second installment pay on or before 7th of August, 2025
amounting to ₹5,00,000/- and third installment pay on or
before 7th of September, 2025 ₹4,00,000/- respectively. (All
payment will be made through Account No.41545210989,
IFSC Code-SBIN0061164, State Bank of India, Court Area,
Dhenkanal of the Appellant namely Jayatri Behera).
5. That both parties undertake and agree not to initiate or file
any further litigation or case of any nature, civil or criminal,
against each other or their family members in the future.
6. That this settlement has been reached voluntarily by both
parties without any coercion, force, or undue influence and in
presence of their respective counsels and guardians.
7. That, Both parties further agree that any other civil, criminal,
or quasi-judicial proceedings pending between them or
involving their family members, arising out of their
matrimonial relationship, shall be unconditionally withdrawn
or not pressed without any delay, in accordance with this full
and final settlement.
8. That, Both the Appellant and the Respondent have filed
separate application settlement application, duly signed by
both parties and their respective learned counsels. The said
application has been submitted before the Mediation Centre
and is kept on record as part of the mediation proceedings.
9. That, the respondent agreed to return dowry articles namely,
wooden bed, steel almirah, alana, dressing table to appellant
on 29.06.2025 between 10.00 A.M to 4.00 P.M.
10.The mediation report along with this Separate Settlement
Statement/Application shall be annexed with the mediation
proceedings and submitted before the Hon'ble High Court of
Orissa for its kind consideration and appropriate orders.
11.The parties declare that the mediation process has been
successful, and this Joint Settlement has been arrived at
through mutual understanding, free will, and without any
pressure or coercion.
Both parties undertake to abide by and comply with the
terms of this settlement in letter and spirit, and shall not resile
from their commitments made herein. "Mediation became
Successful"."
5. We appreciate the efforts of the learned Mediator and the
learned counsel for the parties, who have made it possible for the
parties to arrive at an amicable settlement, acceptable to both the
parties.
Thereafter, as per our direction, the affidavit has been filed
by the respondent and additional affidavit has been filed by the
appellant which was before us.
6. The relevant portion of the affidavit filed by the
respondent in paragraphs 2,3,4 & 5 is extracted herein:-
"2.That, during pendency of the appeal, the matter was referred
to the mediation center for settlement and both parties were
agreed to settle all claims including stridhana, maintenance,
permanent alimony and other claims under any legal
proceedings for a total amount of Rs.14,00,000/- (Rupees
fourteen Lakhs) as full and final settlement.
3.That, in compliance to that settlement, the Respondent has
already been paid the entire permanent alimony to the
Appellant (wife) through Bank vide SBI Account No-
41615210989 within the time stipulated commence from
07.07.2025, 07.08.2025 and 05.09.2025.
4.That, in view of the above order, as the matter has already
been settled out between the parties, the Appeal has become
infructuous and may be disposed of accordingly.
5.That, the facts stated above are true to the best of my
knowledge and belief."
The relevant portion of the additional affidavit filed by the
appellant paragraphs 3 & 4 are extracted herein:-
"3.That this Hon'ble Court vide order dated 07.04.2025 was
pleased to direct the parties to appear before the mediator for
mediation.
4. That the parties appeared there and as per their amicable
settlement it was decided that the husband and wife do not wish
to live together and for that a sum of Rs.14,00,000/- was given
towards permanent alimony by the husband and appellant has
already received the full amount in phase wise manner and as
the husband/Respondent and wife/Appellant do not want to live
together, this Hon'ble Court may kindly pass an appropriate
order so as to dissolve the marriage between the appellant and
the respondent considering the facts and circumstances of the
case."
7. The appeal is disposed of in terms of the above mentioned
settlement as contained in the mediation report dated 26th June,
2025 also reiterated by the appellant in her additional affidavit
dated 19th September, 2025 and affidavit filed by the respondent
dated 19th September, 2025.
Since the parties have agreed to part ways peacefully from
their matrimonial relationship, exercising the power of Appellate
Court as provided under the Civil Procedure Code and the Family
Court's Act, the marriage between the parties solemnized on 3rd
July, 2017 is dissolved with effect from 26th June, 2025 i.e. the
date of report of mediation in terms of the agreement between the
parties.
8. It is stated by the learned counsel for the appellant and also
endorsed by the appellant in person that the appellant has received
Streedhan and the permanent alimony as agreed towards
satisfaction of the decree and also to the satisfaction of both the
parties.
9. The pending case(s) instituted by the parties as referred to
in the mediation report shall be dropped by the learned Court(s)
upon production of the certified copy of this order along with
copies of the mediation report, copies of the affidavits filed by the
appellant as well as the respondent.
The learned Court(s) those may be not insist upon filing of
any other application or affidavit by the respective parties.
Registry shall forward copy of this order along with
copies of the mediation report dated 26th June, 2025, and affidavits
dated 19th September, 2025 filed by the parties to the Courts'
concern as mentioned in the mediation report.
10. In view of the grant of decree of divorce to the parties, the
modified decree shall be drawn by the Court. The parties and the
learned counsel shall do the needful for obtaining the decree.
The MATA is disposed of.
Now no costs.
(Manash Ranjan Pathak)
Judge
(Mruganka Sekhar Sahoo)
Judge.
Narayan/Ranjeeta
Location: HIGH COURT OF ORISSA
