2017 Supreme(Ori) 901
IN THE HIGH COURT OF ORISSA AT CUTTACK
I. MAHANTY, K.R. MOHAPATRA, JJ.
Smt. Ankita Mohapatra - Appellant
Versus
Arabinda Mohapatra - Respondent
MATA NO. 95 OF 2015
Decided On : 15-09-2017
For the Appellant : M/s. T. Panigrahi, D. Nayak & S.K. Biswal.
For the Respondent: M/s. Samir Mishra, J. Pradhan, S. Rout, P.C. Mohanty & D.K. Pradhan.
Headnote:FAMILY COURT ACT, 1984 - Sec. 19 - Judgment and order dissolving the marriage by a decree of divorce and direction for payment of Rs.20.00 lakhs to the wife towards permanent alimony and also to pay sum of Rs.3,000/- per month to the daughter challenged in appeal - Discussing the facts and the ratio laid down in cited cases held, the age of the wife was thirty years at the time of filing of the civil proceeding before learned Judge, Family Court and the normal life expectancy of a female to be 70 years at the minimum - Court compounds it for 15 years - Wife would be entitled to permanent alimony rounding of to Rs.25.00 lakhs - Taking into consideration the age of the daughter to be 8 years at present and that she is pursuing her studies Court feels it proper to award a lump sum amount instead of monthly maintenance, which would be just and proper in the interest of justice - A sum of Rs.5.00 lakhs awarded -Directions issued.
JUDGMENT :
K.R. MOHAPATRA, J.
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.
4. Although the matter was listed for orders, on consent of both the parties, the same was taken up for final disposal.
5. Learned counsel for the appellant (wife) at the threshold submitted that the husband has already remarried on 27.11.2015. As such, no reunion is possible. Hence, he confined his argument to the quantum of permanent alimony granted in her favour and maintenance to her daughter, namely, Miss Anindita Mohapatra. He submitted that the husband has been working as a Deputy Commandant in CRPF and is posted in the district of Sambalpur. At present, he is drawing a salary of Rs.70,000/-per month. The respondent (husband) has also other source of income from his agricultural land. Hence, permanent alimony of Rs.20.00 lakhs awarded in favour of the appellant (wife) is grossly insufficient. Further, maintenance of Rs.3000/-per month to the daughter, namely, Miss Anindita Mohapatra, is also equally inadequate for her maintenance. Hence, he prayed for enhancement of the same.
6. Learned counsel for the respondent (husband), on the other hand, refuting such submission submitted that take-home salary of the husband is only Rs.55,000/-per month including house rent of Rs.6600/-. Besides that the respondent (husband) is drawing ‘risk allowance’ of Rs.9800/-per month as he has been posted in a Nuxlite affected area in the district of Sambalpur. The said risk allowance would be withdrawn after his transfer from that place. The respondent is also paying a sum of Rs.13,343/-per month towards installment of House Building Loan. He has also made a life insurance policy in the name of his daughter, Miss Anindita Mohapatra and is paying premium