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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Prasanta Devi Padhi – Appellant
Versus
Asish Kumar Padhi – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments regarding permanent alimony claims. (Para 4 , 5) |
| 3. court's observations on statutory provisions. (Para 6 , 8 , 10) |
| 4. interpretation of alimony laws and courts' powers. (Para 9 , 11) |
| 5. conclusion allowing the appeal. (Para 12) |
JUDGMENT :
The Appellant, by filing this Appeal under Section 100 of the Code of Civil Procedure (for short, ‘the Code’), has assailed the judgment and decree passed by the learned Additional District Judge, Titilagarh, Bolangir, in R.F.A. No.21 of 2015.
2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.
“Whether the Lower Appellate Court is right in setting aside the order passed by the courts below with regard to the payment of permanent alimony taking a view that for the purpose a separate application containing the prayer is the mandate of law which also in the case in hand is not factually correct as here there was an application to that effect?”
5. Mr. T. K. Sahu, learned counsel for the Respondent (husband) submitted that the view taken by the First Appellate Court i
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