JYOTI SANKAR PANDA Vs. JYOTIRMAYEE DASH

JUDGEMENT

(1.) Both the Appeals arise out of the Judgment and Order dtd. 29/2/2020 passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No.420 of 2012.

(2.) MATA No. 57 of 2020 has been filed at the instance of husband- Jyoti Sankar Panda praying for reduction of quantum of the permanent alimony from Rs.40,00,000.00 to Rs.22,00,000.00, whereas MATA No. 61 of 2020 has been filed at instance of wife-Jyotirmayee Dash praying for enhancement of permanent alimony. Since both the above Appeals are arise out of the same judgment and both sides rest their claims on quantum of permanent alimony, the matter were heard together.

(3.) The case of the Petitioner (husband) in the family court was that he and the Respondent (wife) tied the knot on 2/12/2007 at Cuttack as per Hindu Rites and Customs. Hereinafter, they are referred to as Appellant (husband) and Respondent (wife) for convenience. After the marriage was solemnized, they lived together in Cuttack town. The marriage was finalized basing on advertisement published in the Newspaper by the Petitioner and there was no demand for dowry in the marriage. He, at that time, was serving at Bengaluru and after 7 days of marriage, he returned to his workplace and the Respondent returned to OUAT, Bhubaneswar, as she was studying there. In January, 2008 the Respondent went to Bengaluru and completed her project work for MCA course. Gradually, the attitude of the Respondent became unsociable, derogatory and against the social prestige of the Appellant. She forced the Appellant to stay away from the family members. The parents of the Respondent also forced him not to stay with his parents. The Respondent left the house of the Appellant in September, 2008. Finding no other way, the Appellant rights and when it came to the knowledge of the Respondent, she filed criminal case bearing G.R. Case No. 1053 of 2010 and the father of the Appellant (husband) was sent to jail. Then the Appellant filed a divorce case against the Respondent.