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2025 Supreme(Ori) 14

IN THE HIGH COURT OF ORISSA AT CUTTACK
Manash Ranjan Pathak, Mruganka Sekhar Sahoo, JJ.
Jogendra Dash - Appellant
Versus
Vijay Laxmi Dash - Respondent
MATA No.35 of 2012
Decided On : 08-08-2025

Advocates Appeared:
For the Appellant :Mr. S.K. Rout, Advocate
For the Respondent:Mr. K. K. Jena, Advocate

The appellant's voluntary withdrawal of the appeal concerning financial matters does not affect the ongoing maintenance obligations.

Headnote:(A) Code of Civil Procedure - Principles of withdrawal of appeal - The appellant voluntarily withdrew the appeal concerning a monetary demand draft issued for satisfaction of dues. The parties agreed on the bank account details and the appellant expressed satisfaction. The court clarified that no opinion was given on issues before other forums. (Paras 1, 5, 6, 7)

(B) Family Law - Maintenance - The monthly maintenance to the respondent by the appellant continues unaffected. The court acknowledged the role of counsels in resolving the matter amicably. (Paras 6, 7)

(C) Court processes - Attention to procedural details regarding the handling of file and documents was emphasized to ensure compliance with orders. (Paras 2, 3)

Table of Content
1. details about demand draft and bank account verification. (Para 1 , 2 , 3)
2. appellant withdraws appeal; financial settlement confirmed. (Para 4 , 5)
3. court's order affirming maintenance obligations. (Para 6 , 7)

ORDER :

1. On 04.07.2025 the following order was passed:

“1. Pursuant to our order dated 30.06.2025, learned counsel appearing for the appellant produced the Demand Draft dated 01.07.2025 for a sum of Rs.1,50,000/- (one lakh fifty thousand) drawn on State Bank of India, Munigada Branch in favour of respondent-wife. The original bank draft is handed over to learned counsel representing the respondent-wife, so that she can encash the said amount. At the request of learned counsel appearing for the appellant-husband, call this matter on 30.07.2025. In the meanwhile, remainder amount due shall be remitted to the back account of the respondent-wife, failing which same threat of police action continues.

2. Pursuant to our order dated 30.06.2025, the Registrar (Judicial) has put up a note in response to our observation Order No. 23. regarding the scanned copy of the order sheet. The said note is considered. The person concerned shall be more careful in future in handling the file and maintaining the same in proper order. A copy of the order shall be handed over to the person /agency concerned by the Registrar (Judicial) for follow up action.

3. Learned counsel Mr. M.K. Rath, an associate of Mr. B.S. Tripathy, submits that the appellant has opted change of counsel. In view of such submission, names of Mr. Tripathy and associates be deleted from the cause list and the case brief.

Name of learned counsel Mr. S.K. Rout, who is appearing on behalf of appellant after obtaining consent from the counsel earlier appearing, shall be mentioned in the cause list as well as in case brief”

2. Pursuant to our earlier order the Demand Draft dated 01.07.2025 for a sum of Rs.1,50,000/- was deposited. Thereafter certain doubts were expressed by the learned counsel for the appellant regarding the Bank Account of the respondent and other details for which the order dated 30.07.2025 was passed and reproduced herein:

“1. Learned counsel appearing for the respondents submits that the demand draft of Rs.1,50,000/- as directed was received. The draft was handed over to the brother of the respondent no.1-wife and it has been deposited in her Bank account.

2. The learned counsel for the Appellant expresses doubt regarding such account and other details.

3. In such view of the matter, the parties are directed to appear before this Court on 8th August, 2025 at “2.00 PM”. They shall produce their bank details and other identity proof before the Court also to be verified by the learned counsels appearing for the parties.”

3. Today when the matter is taken up as directed by the order dated 30.07.2025 both the appellant and respondent are present in person and are identified by their respective learned counsel.

Regarding the observations made by us in paragraph-3 of the order dated 30.07.2025, both the learned counsel expressed their satisfaction regarding bank account details and other details of the respondent. The appellant, who is present in person expresses his satisfaction.

The copy of the passbook as produced by the appellant which is in her name, at State Bank of India, Bondamunda Branch, Bondamunda, Dist-Sundargarh is kept on record. The said passbook also shows that on 18.07.2025 amount of Rs.1,50,000/- has been credited which seems to be by the draft that was deposited by the appellant.

4. Today along with a Memo, demand draft of Rs.1,93,500/- (Rupees One lakh ninety-three thousand and five hundred only) drawn on State Bank of India, Bondamunda is produced in the name of the respondent, the same shall be deposited and shall be credited to her account maintained at Bondamunda Branch. The draft in original is handed over to the respondent after retaining the copy thereof.

5. Now, the appellant who is present in Court, files a Memo signed by him

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