LAWS(ORI)-2013-7-82

ASISH MOHAPATRA Vs. PRIYADARSINI BARIK

Decided On July 31, 2013
Asish Mohapatra and Ors. Appellant
V/S
Priyadarsini Barik Respondents

JUDGEMENT

(1.) Mata No.64 of 2012 has been filed by the wife challenging the order dated 15.5.2012 passed by the learned Judge, Family Court, Jajpur in C.P No.16 of 2011 for enhancement of the permanent alimony and MATA No.108 of 2012 has been filed by the husband for reducing the quantum of permanent alimony. However, decree of divorce passed by the learned Judge, Family Court, Jajpur in C.P No.16 of 2011 is said to have not been challenged.

(2.) The facts leading to the present appeals are as follows:

(3.) In support of their respective pleas, the husband examined himself as P.W. 1 and examined another witness. The wife examined herself as O.P.W.5 and also examined four other witnesses. Xerox copy of pay particulars of the husband and some other documents were produced which were marked as Exts.A to C. Taking into consideration the materials available on record, the court below recorded the finding that it had become difficult on the part of the wife to stay in her marital home till the end of her life. Therefore, she is entitled for a decree of divorce and the court below directed the husband to pay a lump sum of Rs.10 lakhs, inclusive of Rs.3 lakhs, as permanent alimony.