ANKITA MOHAPATRA Vs. ARABINDA MOHAPATRA

JUDGEMENT

(1.) This Matrimonial Appeal has been filed assailing the judgment and order dated 11.05.2015 passed by learned Judge, Family Court, Puri in C.P. No. 71 of 2014, whereby learned Judge, Family Court, Puri dissolved the marriage between Smt. Ankita Mohapatra (for short 'the wife') and Sri Arabinda Mohapatra (for short 'the husband') by a decree of divorce and directed the husband to pay a sum of Rs.20.00 lakhs to the wife towards permanent alimony and also to pay a sum of Rs.3000/- per month to their daughter, namely, Miss Anindita Mohapatra, towards her maintenance.

(2.) Marriage between the parties to this appeal was solemnized on 29.11.2008 as per Hindu rites and customs. During their initial days of marriage, the couple led a happy conjugal life. Out of their wedlock, Miss Anindita Mohapatra was born on 10.8.2009 at Srikrishna Health Care & Reproductive Research Center, Puri. Since the husband was working at Delhi at the relevant point of time, he went back to Delhi alone. It is alleged by the husband that he had requested his wife to accompany him with the child to his place of work, but she refused. The husband had also filed HMA Petition No. 429/12 before learned Principal Judge, Family Court, Dwaraka, New Delhi for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955. Learned Judge, Family Court, Dwaraka vide order dated 22.12.2012 disposed of the petition in terms of the agreement entered into between the parties before the Principal Conciliator for their joint living with certain conditions stipulated in the agreement. The appellant (wife), however, without joining the company of her husband, filed I.C.C. No. 246 of 2012 before learned S.D.J.M., Puri against the respondent (husband) under Section 498-A I.P.C. alleging mental and physical torture and demand of dowry. The respondent (husband) unsuccessfully challenged the order of taking cognizance before this Court in CRLMC No. 1100 of 2014. Ultimately the husband moved the learned Judge, Family Court, Puri in C.P. No. 71 of 2014 praying for dissolution of marriage between the parties by a decree of divorce, which was allowed vide judgment and order dated 11.05.2015. The said judgment is impugned herein.

(3.) Heard learned counsel for the parties and perused the materials available on record.