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2018 Supreme(SC) 350

R.K.AGRAWAL, A.M.SAPRE
Jalendra Padhiary – Appellant
Versus
Pragati Chhotray – Respondent


JUDGMENT

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal arises from the final judgment and order dated 03.11.2014 passed by the High Court of Orissa at Cuttack in M.A.T.A. No.113 of 2014 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein in limine at the stage of admission, in consequence, upheld the order dated 17.09.2014 passed by the Family Court, Bhubaneswar in Civil Proceeding No.24 of 2011.

3. The facts of the case lie in a narrow compass and it would be clear from the facts stated hereinbelow.

4. The appellant is the plaintiff whereas the respondent is the defendant in the civil suit out of which this appeal arises. The dispute is between the husband and wife and it relates to award of permanent alimony payable to wife.

5. The appellant-husband filed a petition against the respondent-wife under Section 13 of the Hindu Marriage Act, 1954 (hereinafter referred to as “the Act”) before the Judge, Family Court, Bhubaneswar seeking decree for dissolution of marriage on the grounds of desertion and cruelty. The respondent filed her written statement and denied the material averments of the appellant’s claim. On the basis of the






















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