Citation : 2026 Latest Caselaw 4024 Ori
Judgement Date : 30 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
RPFAM No.289 of 2023
Santosh Kumar Champati .... Petitioner
Mr. D. Mohapatra, Advocate
-versus-
Anima Pradhan .... Opp. Party
Mr. Sk. Zafarulla, Advocate
CORAM:
JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
30.04.2026 (Hybrid Mode) Order No.
13. 1. The matter is in the list marked at 2.00 PM and is taken up.
The parties are present in person along with their respective learned counsel. The parties have been identified by the learned counsel as well as they produce the respective "Aadhar Cards" which was verified by the Court Master. Photocopies of the Aadhar Card filed in Court are taken on record.
2. It is submitted that demand draft no.847613 dated 28.04.2026 issued by the State Bank of India, Palaspalli for Rs.10,00,000/- has been received by the wife in the marriage as the said draft is drawn in her
favour. Photocopies of the demand draft is produced which is signed by the opposite party-wife also. The said photocopy is also taken on record.
The learned counsel, Mr. Mohapatra for the petitioner-husband in the marriage and Mr. Zafarulla, for the opposite party-wife in the marriage, refer to the judgment dated 04.03.2017 passed by the learned Judge, Family Court, Bhubaneswar in Civil Proceeding No.213 of 2016 filed by the husband in the marriage under Section 13 of the Hindu Marriage Act. The said petition was allowed by judgment dated 04.03.2017 granting liberty to the wife in the marriage seeking permanent alimony under Section 25 of the Hindu Marriage Act.
3. After disposal of the said application though the wife had not filed any application seeking permanent alimony but she had filed the application under Section 125 of the Cr.P.C. i.e. CRP No.27 of 2019 before the learned Judge, Family Court, Puri.
4. The parties were spoken to by the Court in the language they understand i.e. Odia. Both the parties state unequivocally that they stand by the joint affidavit of date filed by both of them. They identified their respective signatures which is also identified by the learned counsel for the appearing parties. Paragraphs 3 to 17 of the joint affidavit of the parties are reproduced herein:
"3. That due to irreconcilable differences and disputes, the Petitioner had filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955, bearing Civil Proceeding No. 213 of 2016, and the Learned Judge, Family Court, Bhubaneswar, was pleased to dissolve the marriage vide judgment dated 04.03.2017, granting liberty to the Opposite Party to claim alimony in accordance with law.
4. That subsequent to the dissolution of marriage, the Opposite Party filed an application under Section 125 Cr.P.C., bearing C.R.P. No. 27 of 2019, before the Learned Judge, Family Court, Puri, wherein the Petitioner was directed to pay maintenance of Rs. 3,000/- per month towards arrears and Rs. 5,000/- per month from the date of the order.
5. That with the intervention of well-wishers, elders, and respectable persons, both the Petitioner and the Opposite Party have now amicably resolved all their disputes and differences and have agreed to settle the matter permanently through a one-time settlement.
6. That as per the terms of the mutual settlement, the Petitioner has paid a sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) to the Opposite Party towards full and final settlement of all claims, including permanent alimony and claim towards divorce as has been granted liberty in the case of Civil Proceeding No. 213 of 2016, passed by the Learned Judge, Family Court, Bhubaneswar, vide its judgment dated 04.03.2017 accepting the said judgment.
7. That upon receipt of the aforesaid amount:
(a) The Opposite Party shall withdraw all pending cases/proceedings filed against the Petitioner, including but not limited to the proceeding under Section 125 Cr.P.C. bearing C.R.P. No. 27 of 2019 pending before the Family Court, Puri;
(b) The said payment shall constitute full and final settlement of all claims of the Opposite Party, including past, present, and future maintenance, alimony, or any other monetary claim whatsoever.
8. That upon completion of the settlement, the Opposite Party shall have no further claim of any nature, whether monetary or otherwise, against the Petitioner.
9. That it is jointly affirmed and declared by the Petitioner and Opposite Party that all articles, valuables, and belongings, including those presented by the Opposite Party to the Petitioner at the time of solemnization of marriage, have been amicably settled and duly returned. The Opposite Party herein unequivocally acknowledges the receipt of the entire such articles to their full satisfaction and confirms that no claim, dispute, or grievance of any nature subsists in respect thereof between the parties.
10. That it is further jointly affirmed and declared by the Petitioner and Opposite Party that, pursuant to the amicable settlement arrived at between them, all cases, complaints, and proceedings instituted by either party against the other have been/ will be withdrawn. It is further agreed that Opp. Party shall not initiate, pursue, or maintain any civil or criminal proceeding against Meera Parida, directly or indirectly and both parties undertake to abide by this understanding in letter and spirit, so as to bring a quietus to all past disputes and maintain peace and harmony.
11. That both the Petitioner and the Opposite Party mutually agree that they shall not interfere in each other's personal lives and shall maintain complete separation and distance henceforth and shall not speak ill about each other in any platform.
12. That the Opposite Party hereby undertakes that she shall not, in any manner whatsoever, make any defamatory, derogatory, or adverse statements against Ms. Meera Parida, nor shall she attempt to contact, communicate, or interfere with Ms. Meera Parida or any of her family members, relatives, or associates, directly or indirectly, through any mode including physical, telephonic, electronic, social media communication. So also Ms. Meera Parida will not contact the Opposite Party in any manner.
13. That both the Petitioner and the Opposite Party undertake that they shall not attempt to contact each other or each other's family members, relatives, or associates, directly or indirectly, in any manner whatsoever.
14. That both the Petitioner and the Opposite Party further undertake not to initiate any fresh litigation or proceedings against each other in respect of the present matrimonial dispute or any matters arising therefrom.
15. That this settlement has been arrived at voluntarily, out of free will, without any force, coercion, undue influence, or misrepresentation from any quarter.
16. That this joint affidavit is being executed for the purpose of placing the terms of settlement on record before the appropriate authority/court and for facilitating closure/withdrawal/dropping of the pending proceedings.
17. That, the facts stated above are true to the best of our knowledge and belief."
5. This Court exercising the powers under Article 227 of the Constitution of India observes that the liberty granted by the learned Judge, Family Court, Bhubaneswar in the C.P. seeking permanent alimony
stands satisfied in view of the payment of Rs.10,00,000/-by the husband and receipt of the same by the wife, as agreed between the parties.
6. Copy of the joint affidavit along with today's order shall be forwarded to the learned Judge, Family Court, Bhubaneswar to be kept in the records of Civil Proceeding No.213 of 2016 disposed of by judgment dated 04.03.2017.
7. Copy of the joint affidavit as well as the order shall also be forwarded by the Registry to the learned Judge, Family Court, Puri to be kept in the records of CRP No.27 of 2019.
8. This Court puts on record it's appreciation that the parties have arrived at amicable settlement acceptable to both of them.
This Court also puts on record it's appreciation of the efforts of the learned counsel for the appearing parties, Mr. Mohapatra and Mr. Zafarulla for making the settlement possible.
9. With the above observations, the RPFAM is disposed of.
Urgent certified copy as per rules.
(Mruganka Sekhar Sahoo)
Reason: Authentication jyotsna
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