BIKASH DAS Vs. DHARITRI DAS

JUDGEMENT

(1.) The appellant being aggrieved with the order of the learned Judge, Family Court, Cuttack in Misc. Case No. 93 of 2009 arising out of C.P. No. 588 of 2004, directing him to pay permanent alimony of Rs.14,00,000/- in modification of the order passed in C.P. No. 588 of 2004 on 22.9.2004 has preferred this appeal.

(2.) Similarly, the respondent-wife also not being satisfied with the quantum of permanent alimony as has been ordered in Misc.Case No. 93 of 2009 arising out of C.P. No. 588 of 2004 has filed the cross-objection.

(3.) The undisputed fact is that the appellant and the respondent got married as per the caste custom on 16.1.1984 but since dissension arose in between the spouses they started living separately from 5.8.2003. When the family discord became very acute the appellant filed a petition under Section 13 of the Hindu Marriage Act in the Court of learned Judge, Family Court, Cuttack for divorce and that was registered as C.P. No. 22 of 2004. The present respondent entered appearance and contested the case, but at the intervention of the well wishers of both the spouses a petition under Section 13-B of the Hindu Marriage Act was filed and the learned Judge, Family Court, Cuttack allowed the prayer of the parties for a mutual divorce and while dissolving the marriage in between the spouses directed as follows:-