ANNAPURNA NAYAK Vs. DILLIP KUMAR DASH

JUDGEMENT

(1.) Appellant is the wife. She is aggrieved because by impugned judgment dtd. 4/7/2022 made by the family Court, the marriage was dissolved on direction for payment of permanent alimony at ?10,00,000/-. Mr. Acharya, learned advocate appears on her behalf. Mr. Tripathy, learned advocate appears on behalf of respondent-husband.

(2.) It appears, respondent-husband had filed the civil proceeding taking two grounds as in clauses (i) and (i-a) under Sec. 13(1), Hindu Marriage Act, 1955. He examined himself and got examined as his witnesses, inter alia, a taxi driver and a person, who used to work or works in 'Auto Point' at Jagatsinghpur. The evidence laid by and on behalf of respondent-husband narrows down the friction between husband and wife to have occurred during their three years stay in a Government quarter at Jagatsinghpur. There was nobody else staying with them except their children, the two sons.

(3.) The family Court rejected allegation under ground in clause (i) but found in favour of respondent-husband on ground in clause (i-a). On query from Court Mr. Tripathy submits, his client wants closure in the relationship and on having obtained divorce, be it on one of the two grounds, he deposited the amount for permanent alimony. Admittedly appellant-wife spent part of it and under orders in the appeal, has tendered Demand Draft dtd. 24/11/2023 for ?8,00,000/- drawn in favour of his client, held by the Court. Validity of the instrument nearing its end, the appeal was listed under heading 'For Orders' and on consent of parties taken up for hearing.