MADHUSMITA PUJARI AND ORS. Vs. PARTHA SARATHI MISHRA

JUDGEMENT

(1.) Since both the above noted appeals were taken up analogously, this common order is being passed to dispose of both the appeals. The factual matrix of both the appeals are as follows:

(2.) Madhusmita Pujari @ Mishra is appellant No.1 in Mata No.118 of 2014 and the sole appellant in MATA No.125 of 2014. Partha Sarathi Mishra is the sole respondent in both the above noted appeals. Their daughter-Anmol Mishra is appellant No.2 in MATA No.118 of 2014.

(3.) A perusal of record shows that the marriage between Madhusmita Pujari @ Mishra and Partha Sarathi Mishra was solemnized on 11.07.1993. Out of the wedlock, daughter, Anmol Mishra was born on 3.6.1996. Trouble started brewing between the spouses even before the daughter was born and got aggravated after the birth of the daughter. Dispute arose between the spouses due to alleged extra marital affairs. Thereafter, the allegation is that Madhusmita Pujari @ Mishra went back to her father's house in November, 2000 and never returned. In such background, theatre of action got shifted to Court rooms and that Partha Sarathi Mishra filed C.P. No.781 of 2002 under Sections 13 and 26 of the Hindu Marriage Act, 1955 for dissolution of marriage and for custody of their minor daughter, Anmol Mishra in the Family Court, Cuttack. Despite summons, Madhusmita Pujari @ Mishra did not appear and accordingly, on 22.8.2003, the learned Judge, Family Court, Cuttack decreed Civil Proceeding No.781 of 2002 ex parte against Madhusmita Pujari @ Mishra and dissolved their marriage by passing a decree of divorce. The learned Judge, Family Court, Cuttack further directed to give the custody of the then minor daughter, Anmol Mishra to Partha Sarathi Mishra. In 2013, Madhusmita Pujari @ Mishra filed Civil Proceeding No.460 of 2013 before the Judge, Family Court, Bhubaneswar for dissolution of marriage on the ground of cruelty and desertion. She also filed Interlocutory Application No.118 of 2013 claiming interim maintenance for herself and for her minor daughter, Anmol Mishra in Family Court, Bhubaneswar. During pendency of Civil Proceeding No.460 of 2013, Anmol Mishra became a major on 3.6.2014. According to Madhusmita Pujari @ Mishra, she came to know about order dated 22.8.2013 passed in Civil Proceeding No.781 of 2002 on 16.8.2014. However, on 10.9.2014, Civil Proceeding No.460 of 2013 was disposed of along with I.A. No.118 of 2013 by the learned Judge, Family Court, Bhubaneswar holding that the cases were not at all maintainable in the background of order dated 22.8.2003 passed in Civil Proceeding No.781 of 2002. Challenging the said order dated 10.09.2014, Madhusmita Pujari @ Mishra and Anmol Mishra filed MATA No.118 of 2014 on 14.10.2014. Thereafter, on 22.10.2014, Madhusmita Pujari @ Mishra filed MATA No.125 of 2014 challenging the order dated 22.8.2003 passed in Civil Proceeding No.781 of 2002. On 20.4.2015, Madhusmita Pujari @ Mishra, Anmol Mishra and Partha Sarathi Mishra appeared in Court along with their respective counsel. When this Court realized that the re-union was not possible, it went into the question with regard to quantum of permanent alimony. In order to give the parties a chance regarding settlement relating to permanent alimony, MATA No.118 of 2014 was directed to be taken up on 22.4.2015 along with MATA No.125 of 2014. On 22.4.2015, all the parties along with their respective counsel presented themselves before this Court and the matter was taken up in the Chambers. After a long deliberation, the parties came to an amicable settlement on following terms and conditions relating to all the disputes between them. The terms of settlement were as follows:-