ARPITA MOHANTY Vs. SABYASACHI DAS

JUDGEMENT

(1.) Decree of divorce subject to payment of permanent alimony of Rs.5,00,000/-(Rupees five lakhs) passed vide order dated 21.09.2013 in C.P. No. 806 of 2009 by the learned Judge, Family Court, Cuttack is challenged in these two appeals, hence, this common judgment.

(2.) For party position, notwithstanding the appeal memos, the wife shall be referred to as appellant while husband shall be referred to as respondent hereinafter.

(3.) Appellant married the respondent as per the Hindu rites and customs on 27.06.2007. After some days, the wife deserted alleging cruelty against the husband and stayed in the house of her parents. Both of them were of highly educated. There was a Panchayat Faisala Nama on 26.12.2008 to settle their dispute amicably. As per settlement, the father of the appellantwife received Rs.4,80,000/-(Rupees four lakhs eighty thousand) towards presentation and ornaments given during the marriage. It was also settled to go for mutual divorce. Accordingly, a mutual divorce case under Section 13(B) of the Hindu Marriage Act, bearing C.P. No. 538 of 2009 was filed. But the appellant wife having not cooperated, the case was dismissed. Thereafter, the husband filed this divorce proceeding under Section 13 of the Hindu Marriage Act on 15.09.2009 bearing C.T. No. 806 of 2009 before the learned Judge, Family Court, Cuttack. The allegation of cruelty and desertion were challenged by the wife. Both the parties adduced their evidence. Husband and an independent witness to the agreement are examined as P.Ws 1 and 2. The certified copy of Panchayat Faisala Nama and other document were executed as Exhibits-1 and 2. On behalf of the wife, she herself and her father were examined as P.Ws. 1 and 2. Certified copy of the R.O.R. showing the landed properties in favour of the husband is marked vide Exhibit-A/1 series. Learned Judge, Family Court has recorded the finding that both the couples had reached the point of no return. The allegation of cruelty and desertion were not proved. The payment of Rs.4,80,000/- as per the agreement Exhibit1 was not towards the permanent alimony. Considering the landed properties and income of the husband, the learned Judge, Family Court while dissolving the marriage between them solemnised on 27.06.2007 by a decree of divorce, allowed permanent alimony of Rs.5,00,000/-to be paid by the husband to the wife within three months.