ASHUTOSH SARANGI Vs. REETA DHARA

JUDGEMENT

(1.) "Aja Yudhhe Muni Sraddhe Prabhate Megha Dumbare Dampatya Kalahechaiva Bahvarambhe Laghu Kriya"

(2.) ASUTOSH Sarangi (hereafter 'the petitioner -husband') filed a petition under section 13(1)(i -a)(iii) of the Hindu Marriage Act, 1955 on 16.9.2009 in the Court of the learned Civil Judge (Senior Division), Bhubaneswar which was registered as MAT. Case No.1106 of 2009 against Mrs. Reeta Dhara (hereafter 'the respondent -wife') with a prayer for a decree of dissolution of marriage solemnized between the parties on 8th May 2008 and in the alternative for a decree of judicial separation. The case was transferred to the learned Judge, Family Court, Bhubaneswar and accordingly it was re -registered as Civil Proceeding No.41 of 2011. The learned trial Judge vide impugned judgment and order dated 25.9.2014 allowed the petition filed by the petitioner -husband and passed a decree of divorce declaring the marriage between the petitioner -husband and the respondentwife dissolved with effect from the date of decree and further directing the petitioner -husband to pay permanent alimony of Rs.30,00,000/ - (thirty lakhs) to the respondent -wife.

(3.) THE petitioner -husband filed appeal under section 19 of the Family Courts Act, 1984 vide MATA No.122 of 2014 challenging the quantum of permanent alimony as fixed by the learned trial Judge in the impugned judgment and order dated 25.9.2014 with a prayer to reduce the amount. The respondent -wife on the other hand filed appeal under section 19 of the Family Courts Act, 1984 vide MATA No.126 of 2014 to set aside the impugned judgment and order dated 25.9.2014 passed by the learned trial Judge. Since both the appeals arise out of a common judgment and there is commonality of parties, the dispute as well as question of law in both these cases, with the consent of the parties, the appeals were heard analogously and the same are being disposed of by this common judgment.