GIRIJA SHANKAR SATPATHY Vs. SMT. USHARANI MISHRA

JUDGEMENT

(1.) Judgment dated 30th November, 2011 passed by the Civil Judge(Senior Division), Phulbani in C.S. No.l3 of 2010, insofar as it relates to grant of permanent alimony of Rs.5,00,000/-(rupees five lakh) and a further direction for payment of Rs.2,00,000/-(rupees two lakh) towards ornaments, dowry articles and other household things etc. to the plaintiff-respondent, is challenged m this appeal.

(2.) Undisputedly marriage between the parties was solemnized on 08.07.2007 according to the Hindu caste and custom. It is stated in the plaint that as per the demand of the appellant and his family members a cash of Rs.2,00,000/-(rupees two lakh) was paid by the father of the respondent apart from 10 bharis of gold ornaments, 20 bharis of silver ornaments, one Godrej Almirah, Colour T.V., Dressing Table, Sofa set, Refrigerator, cot and silk sari and other household articles worth of Rs.4,00,000/-(rupees four lakh). Admittedly the parties separated soon after the marriage though there is a dispute with regard to date of separation. On separtation, the respondent came and resided in her father's house. The respondent filed the suit for dissolution of marriage on ground of cruelty and for return of the dowry articles and the cash given by her lather at the time of marriage. There was no prayer for permanent alimony either in the plaint or by way of independent application.

(3.) During trial the parties led evidence, on consideration of which the Trial Court by the impugned judgment dissolved the marriage between the parties and directed for payment of Rs.5,00,000/-(rupees five lakh) as permanent alimony and a further amount of Rs,2,00,000/-(rupees two lakh) towards dowry articles, ornaments and other household articles by the appellant to the respondent.