HAREKRISHNA MOHANTY Vs. PRATIMA SAHOO

JUDGEMENT

(1.) The appellant-husband has filed Civil Proceeding No. 761 of 2013 before the learned Judge, Family Court, Cuttack under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of marriage by a decree of divorce on the ground of cruelty and harassment allegedly meted out by the respondent-wife. However, by judgment dtd. 19/11/2019, the learned Judge, Family Court, Cuttack dismissed the said Civil Proceeding.

(2.) Being aggrieved by the said judgment, the appellant has preferred an appeal by filing Matrimonial Appeal No. 162 of 2019 before this Court. The coordinate Bench of this Court vide order dtd. 28/6/2022, while setting aside the judgment dtd. 19/11/2019, remanded the civil proceeding to the learned Judge, Family Court, Cuttack for fresh adjudication. For convenience of ready reference, the relevant part of the said order dtd. 28/6/2022 is reproduced hereunder:-

(3.) However, after remand, the learned Judge, Family Court, Cuttack failed to determine the quantum of permanent alimony in terms of the directions issued by this Court and, instead, by order dtd. 20/4/2023, restored the earlier judgment dtd. 19/11/2019. The relevant portion of the impugned order dtd. 20/4/2023 is reproduced hereunder:-