SANTOSH KUMAR SENAPATI Vs. ARADHANA TRIPATHY

JUDGEMENT

(1.) These two Matrimonial Appeals have been filed assailing the judgment and order dated 16.03.2015 passed by learned Judge, Family Court, Bhubaneswar in C.P. No.295 of 2010. Learned Judge, Family Court, Bhubaneswar, disposed of C.P. No.295 of 2010, with the following orders:

(2.) Mata No.73 of 2015 has been filed by one Sri Santosh Kumar Senapati (for short "the husband") assailing the quantum of permanent alimony directed to be paid to Smt. Aradhana Tripathy (for short "the wife"). Matrimonial Appeal bearing MATA No.75 of 2015 has been filed by the wife assailing part of the decree granting prayer for dissolution of marriage between the parties by a decree of divorce.

(3.) Facts in nut shell relevant for proper adjudication of these appeals are that marriage between the parties to these appeals was solemnized on 03.05.2009 at Puri as per the Hindu customs and rites. Due to dissension between the parties, they are living separately since 23.08.2010. They are not blessed with any child. As would reveal from the rival pleadings of the parties before learned Judge, Family Court, Bhubaneswar that there arose difference of opinion between the parties after few days of their marriage and they had never led a happy conjugal life. Lot of allegations and counter allegations had been made in their respective pleadings. Fact remains that, at the time of marriage, the husband was Assistant Professor of Veterinary Medicines in OUAT. Before marriage, the wife was working in a private firm and had an independent source of income. As there was no hope for leading a happy conjugal life, the husband filed a petition under Section 13(1) (i-a) of Hindu Marriage Act, 1955 (for short "the Act, 1955") praying for a decree of dissolution of marriage between the parties by a decree of divorce in Civil Proceeding No.295 of 2010. The wife contested the proceeding by filing her written statement. Learned Judge, Family Court, Bhubaneswar, holding the husband being treated with cruelty, granted the relief of dissolution of marriage by a decree of divorce and further directed that the husband would pay a sum of Rs.60.00 lakh to the wife towards permanent alimony. Accordingly, both the parties being aggrieved by the judgment and order dated 16.03.2015 passed in Civil Proceeding No.295 of 2010 have filed separate appeals, as aforesaid.