PRANATI MISHRA Vs. CHANDRA SEKHAR TRIPATHY

JUDGEMENT

(1.) Heard Mr. A.K. Panda, learned counsel appearing for the Appellant and Mr. S.C. Dash, learned counsel appearing for the Respondent.

(2.) This reference has been made to the larger Bench to lay down a procedure for management of the deposit made in the Family Courts or the matrimonial courts. By the order dtd. 30/8/2023 passed in the present appeal being MATA No.53 of 2009 titled as Pranati Mishra v. Chandra Sekhar Tripathy, a Division Bench of this Court has observed as follows:

(3.) In several other orders, we have noticed that divergent directions are being made in respect of the mode of deposit. We lay down the procedure of making the deposit and the management of deposit till the settlement or the final judicial order by which, entitlement and interest component of the deposit is mutually agreed or determined. Where there could not be any settlement between the parties, the Courts shall not accept any deposit in the name of either of the parties. In such event, the deposit shall be made in the name of the concerned Family Court or the matrimonial court. Even after the final order is passed in the proceeding, the parties may file an application of settlement. The Family Court or the matrimonial court can release the amount in favour of either of the parties. But, when there is no settlement or agreement, the Family Court or the matrimonial court, as we repeat, shall not accept any deposit in the name of the parties. Deposits shall be made in the name of the court. The deposit be managed in a nationalized bank in the term deposit, which would bring or derive maximum interest and for such period as would be decided by the said court, with flexible locking up. After the dispute is finally settled or adjudicated by virtue of the order of the concerned court or the Family Court or the matrimonial court, the said amount shall be released with the accrued interest. For this purpose, the Family Court or the matrimonial court shall open a special account following the procedure as followed presently by the Motor Accident Claims Tribunal.