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1998 Supreme(Ori) 260

P.K.MOHANTY, P.C.NAIK
PRANAYINI BEHERA ` DAS – Appellant
Versus
SRI SAPAN KUMAR SINHA – Respondent


Advocates Appeared:
S.N. Satpathy, for the Appellant; B.K. Nanda and C.R. Mishra for R. No. 1, for the Respondent

JUDGMENT :

P.C. Naik, J. - The challenge in this appeal by the Defendant-wife is to the order dt. 21-7-1994 whereby the Judge, Family Court, Cuttack has dissolved the marriage of Respondent No. 1 (Plaintiff) with her by a decree of diverce by mutual consent subject to the husband paying her a sum of Rs. 30,000/-towards lump sum alimony and maintenance.

2. Admittedly, the marriage of the Appellant with Respondent No. 1 was solemnised at the Baptist Mission Church on 27-8-1991 according to the Christian rights and custom. The Appellant and Respondent No. 1 stayed together for a short time, where after they were separated. The record indicates that earlier the wife has filed a petition u/s 125, Cr. P.C. (Cr. Misc. Case No. 321 of 1985) which was allowed by the Sub-Divisional Judicial Magistrate, Cuttack and the husband was ordered to pay maintenance of Rs. 200/- per month to her. Being dissatisfied with the quantum, the wife preferred Crl. Revision No. 212 of 1988 wherein this Court vide order dt. 24-10-1989 enhanced the maintenance from Rs. 200/- to Rs. 240/- per month. As the maintenance was not paid as directed, an execution was lodged whereupon a part of the maintenance due was paid







































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