PRATIMA MOHAPATRA Vs. DIBAKAR MOHAPATRA

JUDGEMENT

(1.) This appeal has been filed by the appellant wife under Section 19(1) of the Family Court Act, 1984. The challenge has been made to the impugned judgment and order dated 04.11.2011 passed by the learned Judge, Family Court, Bhubaneswar in Civil Proceeding No.578of 2011 inter alia to the extent of enhancement of permanent alimony from Rs.3,00,000/- (rupees three lakhs) to Rs.20,00,000/- (rupees twenty lakhs).

(2.) The facts as depicted in this appeal are that the present appellant filed a petition under Section 13 of the Hindu Marriage Act before the learned Judge, Family Court, Bhubaneswar inter alia praying for passing of a decree of divorce by dissolution of marriage and further prayer for a direction to the respondent to pay Rs.20,00,000/- towards permanent alimony to her along with cost of the suit vide C.P. No.578 of 2011.

(3.) The appellant and respondent being Hindus got married on 25.02.1988. The appellant after marriage stayed in her in-laws house and led conjugal life. It has been stated that the parents of the respondent constructed a building at Kamapalli, Berhampur. Thereafter the respondent started demanding more valuable articles and the house at Berhampur belonging to the parents of the appellant. Since the demand was not acceded to, the appellant was subjected to torture and mental cruelty and the situations became so unbearable that she had left her in-laws house. Since 13.09.1991, both the appellant and respondent have been staying separately. The appellant is staying with her daughter. During the subsistence of the first marriage, the respondent got married for the second time which shattered the hopes of the appellant for a reunion. Left with no alternative, the appellant filed the aforesaid proceeding seeking a decree of divorce and consequential permanent alimony. Despite service of notice, the respondent chose neither to appear nor to file any objection controverting the allegation/averments made by the appellant. The present respondent had earlier filed a suit in the court of learned Civil Judge (Sr. Division), Berhampur vide O.S. No.26 of 1993 seeking a decree of divorce which was dismissed on contest on 04.12.2002. Against the order of dismissal, the present respondent preferred an appeal before the learned District Judge, Berhampur which was numbered as Mat Appeal No.02 of 2003 subsequently transferred to 2nd Addl. District Judge, Berhampur and renumbered as Mat Appeal No.1 of 2006. Subsequently, the respondent withdrew his appeal on 18.02.2006. During pendency of O.S. No.26 of 1993, the present respondent filed an application under Section 151, C.P.C. with a prayer to pass a decree of divorce without examining the parties. The present appellant who was the respondent in that case had filed counter and learned Civil Judge (Sr. Division), Berhampur after hearing the application, rejected the same. Against that order, the present respondent filed a Civil Revision before the learned District Judge, Berhampur in Civil Revision No.31 of 2000 which was transferred to the court of 1st Addl. District Judge, Berhampur, renumbered as Civil Revision No.5 of 2000 and the same was dismissed vide order dated 23.02.2001.