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2019 Supreme(Ori) 117

S.K.MISHRA, A.K.MISHRA
Arpita Mohanty – Appellant
Versus
Sabyasachi Das – Respondent


Advocates Appeared:
Prasan Kr Sahu, Adv., A.K. Swain, Adv., A.C. Mohapatra, Adv., A.K. Panda, Adv., S.C. Mohanty, Adv., A.A. Lenka, Adv., Sidheswar Mohanty, Adv., S.K. Routray, Adv., L. Mohapatra, Adv., S. Pattnaik, Adv., A. Das, Adv., Ajaya Kumar Swain, Adv., A.S. Mohapatra, Adv., S.S. Mohanty, Adv., A.K. Paul, Adv.

JUDGMENT :

A.K. Mishra, J.

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 appellant wife 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

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