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Orissa High Court
Basudev Pani vs Subhada Priyadarsini Ratha on 5 January, 2026
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No. 399 of 2023
Basudev Pani .... Appellant
Represented by Adv.-
Mr. Bhagaban Mohanty, Advocate
-Versus-
Subhada Priyadarsini Ratha .... Respondent
Represented by Adv.-
Mr. Naresh Ch. Jena, Advocate
CORAM:
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
Order No. 05.01.2026
(Hybrid mode)
06. 1. The parties Sri Basudev Pani-appellant and Mrs. Subhada
Priyadarsini Rath-respondent appear in person in presence of their
respective counsel..
2. The learned counsel Mr. Bhagaban Mohanty for the
appellant and Mr. Naresh Chandra Jena, learned counsel for the
respondent are present. They inform the Court that parties have
successfully mediated and agreed for a settlement in terms of the
mediation report dated 24th October, 2025 which forms part of the
record.
The mediation report has been submitted by the learned
Mediator.
3. We have interacted with the parties in person in the
language they understand i.e. Odia. Both the parties endorsed the
settlement arrived between them by mediation, as per report dated
24th October, 2025.
4. Demand Drafts of State Bank of India, amount
Rs.3,00,000/- (Rupees three lakh): dated 24.10.2025, No.559900;
Rs.1,70,000/- (Rupees one lakh seventy thousand), draft dated
01.11.2025 No.559811 of Rs.1,30,000/- (Rupees one lakh thirty
thousand) issued in favour of respondent-wife-Subhada
Priyadarsini Rath, has been handed over to her in the Court. She
puts her signature on the photocopies of the drafts as a mark of
acceptance of drafts.
It is also stated that the amount is towards full and final
settlement of the claim of alimony between the parties.
5. The present challenge is to the judgment and decree dated
16th October, 2023 passed by the learned Judge, Family Court
Jajpur in Civil Proceeding No.39 of 2022. By the said judgment,
the learned Judge, Family Court rejected the C.P. filed by the
petitioner-appellant-husband under Section-13(1)(i-a) of the Hindu
Marriage Act, 1955 seeking dissolution of marriage between the
appellant-husband and the respondent-wife in the marriage
solemnized on 3rd March, 2020 at the house of the respondent-wife.
6. In terms of the settlement at paragraph-3, memo of date is
filed, signed by both the learned counsel for the appellant as well as
the learned counsel for the respondent and also signed by the
appellant and the respondent. As stated, the details of the pending
cases are (i) C.T. Case No.2785 of 2021 and (ii) D.V. Misc. Case
No.33 of 2022 pending before the learned S.D.J.M., Jajpur and (iii)
C.R.P. No.294 of 2021 pending before the learned Judge, Family
Court, Jajpur; filed by the respondent-wife.
In terms of the settlement, the above cases shall be dropped
immediately by the Court(s) in seisin of the matter(s) upon
production of the certified copy of this order.
7. The learned Court(s) in seisin of the matter(s) shall not
insist for any further affidavit or petition to be filed by any of the
parties for dropping the cases.
Registry shall forward the copy of this order to learned
S.D.J.M., Jajpur and the learned Judge, Family Court, Jajpur to do
the needful.
8. In view of the fact that amount of Rs.3,00,000/- having
been agreed between the parties, has been handed over by Demand
Drafts to the respondent-wife in Court today, which she has
received, the matter is fully and finally settled as far as permanent
alimony is concerned.
9. By exercising our power of the Appellate Court as provided
under Section 107(1)(a), 107(2) and Order XLI, Rule 24 of Code of
Civil Procedure, and in terms of the settlement arrived between the
parties in terms of the mediation report, we grant appellate decree
of divorce declaring dissolution of marriage solemnized between
the parties: appellant-husband and respondent-wife on 3rd March,
2020.
10. The appeal is allowed accordingly. Modified decree be
drawn.
Before parting with the matter, we put on record our
appreciation of both the learned counsels Mr. Mohanty and Mr.
Jena for the appearing parties for their efforts to arrive at amicable
settlement acceptable to both the parties.
The MATA is allowed and disposed of.
Now no costs.
(Manash Ranjan Pathak)
Judge
Signed by: NARAYAN HO (Mruganka Sekhar Sahoo)
Location: OHC Judge.
Date: 07-Jan-2026 16:42:30
Narayan/Ranjeeta
