IMPORTANT POINT
Permanent alimony – Quantum of permanent alimony should be fixed taking into consideration status of parties.

JUDGMENT

S.K. Mishra, J.—Both the Appeals arise out of the Judgment and Order dated 29.02.2020 passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No.420 of 2012.

2. MATA No. 57 of 2020 has been filed at the instance of husband-Jyoti Sankar Panda praying for reduction of quantum of the permanent alimony from Rs.40,00,000/- to Rs.22,00,000/-, whereas MATA No.61 of 2020 has been filed at instance of wife- Jyotirmayee Dash praying for enhancement of permanent alimony. Since both the above Appeals are arise out of the same judgment and both sides rest their claims on quantum of permanent alimony, the matter were heard together.

3. The case of the Petitioner (husband) in the family court was that he and the Respondent (wife) tied the knot on 02.12.2007 at Cuttack as per Hindu Rites and Customs. Hereinafter, they are referred to as Appellant (husband) and Respondent (wife) for convenience. After the marriage was solemnized, they lived together in Cuttack town. The marriage was finalized basing on advertisement published in the Newspaper by the Petitioner and there was no demand for dowry in the marriage. He, at that time, was serving at Bengaluru and after 7 days of marriage, he returned to his workplace and the Respondent returned to OUAT, Bhubaneswar, as she was studying there. In January, 2008 the Respondent went to Bengaluru and completed her project work for MCA course. Gradually, the attitude of the Respondent became unsociable, derogatory and against the social prestige of the Appellant. She forced the Appellant to stay away from the family members. The parents of the Respondent also forced him not to stay with his parents. The Respondent left the house of the Appellant in September, 2008. Finding no other way, the Appellant rights and when it came to the knowledge of the Respondent, she filed criminal case bearing G.R. Case No.1053 of 2010 and the father of the Appellant (husband) was sent to jail. Then the Appellant filed a divorce case against the Respondent.

4. Pursuant to the notice issued by the family court, the Respondent appearing in the matter, filed a written statement. Her stand in the written statement was that all the claims raised by the Appellant was false. She claimed that the cash of Rs.2,00,000/-, gold and silver ornaments along with household articles were given to the Appellant at the time of marriage and after completion of her study, she joined with the Appellant at Bengaluru where the younger brother and sister of the Appellant were staying with him. The case of the Respondent is that she was subjected to cruelty, misbehavior, harassment by the brother and sister of the Appellant and the Appellant realizing the problem assured the Respondent that he would arrange another house and he would take her to Bengaluru, but the Appellant never came to her, rather, he filed a false case for restitution of conjugal rights, although the Respondent never deserted him. Rather, for demand of dowry and continuous torture, the Respondent was compelled to file a criminal case against the Appellant and his parents. During conciliation, the Appellant did not agree to join the society of the Respondent, so the case for restitution of conjugal rights was withdrawn. The Respondent expressed her willingness for divorce only if she gets Rs.60,00,000/- from the Appellant towards permanent alimony.

5. Upon completion of pleadings from both the parties, learned Judge, Family Court, Cuttack framed the following issues—

(i) If the Respondent being the legally married wife of the Appellant showed cruelty to him and also deserted him for which the Appellant is entitled for decree of divorce.

(ii) To what other relief parties are entitled to.

6. After hearing the Parties, while dealing with issue no.1, the learned Judge Family Court, Cuttack held that the plea of cruelty advanced by both the parties to each other and after marriage both of them hardly stayed together for 8-9 months and since 07.11.2008 for about 1