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2022 Supreme(Ori) 110

S.TALAPATRA, B.P.ROUTRAY
Arun Kumar Sahu, S/o. Baburam Sahu – Appellant
Versus
Madhumita Puthal, D/o-Chandra Puthal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Samir Kumar Mishra, Advocate
For the Respondent:Mr. T. K. Mishra, Advocate.

JUDGMENT :

S. Talapatra, J.

This appeal U/s.19(1) of the Family Court Act, 1984 arises from the Judgment dated 19.09.2019 delivered in Civil Proceeding No.108 of 2018 by the Judge, Family Court, Baripada, District-Mayurbhanj.

2. Be it noted at the outset that, the entire Judgment is not under challenge. Only the direction, by which the appellant has been asked to pay the permanent alimony of Rs. 4,00,000/-(Rupees four lakhs) has been challenged.

3. Briefly stated the facts those are relevant are that the appellant and the respondent failing to live a peaceful conjugal life, filed a petition under section 13(B) of the Hindu Marriage Act, 1955 for dissolution of their marriage, after they lived two years separately. During that period, it has been asserted, by the parties that there had been no cohabitation. To reconcile the differences, the efforts taken by the Court did not bring any settlement, hence the Court proceeded to decide the petition.

4. Finally, by the impugned Judgment, the marriage between the appellant and the respondent has been dissolved by a decree on mutual consent but with a direction on the appellant to pay a lump sum permanent alimony to the extent of Rs. 4,00,000/-

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