IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.18515 of 2024

Arunabha Kar …. Petitioner

Mr. H.Mohapatra, Adv.

-versus-

Swagatika Rath …. Opposite Party

Mr. P.C. Mishra, Adv.

CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

06.01.2026

Order No.

03. This matter is taken up through hybrid mode.

2. This writ petition has been preferred by the Petitioner-husband challenging the order dated 22.03.2024 passed by the learned Judge, Family Court, Puri in CP No.212 of 2023. CP No.212 of 2023 was preferred by the Petitioner as well as the Opposite Party- wife under Section 13-B of the Hindu Marriage Act, for a decree of mutual divorce. Because of some misunderstanding, a letter was written by the Opposite Party-wife to the learned Court below. Consequently, the impugned order dated 22.03.2024 was passed, vide which the application for mutual divorce was dismissed, recording the reason that the wife/ Petitioner No.2 had

no consent for decree of divorce by mutual consent.

3. However, pursuant to order dated 23.12.2025, learned Counsel for the Petitioner has produced a

demand draft of Rs.8,40,000/- before this Court, drawn in the name of Swagatika Rath, the present Opposite Party-wife, enabling this Court to pass an appropriate order in terms of the said order. Paragraph Nos.4 to 8 of the said order, being relevant, are reproduced below:-

“4. During hearing, it was brought to the notice of this Court that the agreed amount of mutual divorce was Rs.10,00,000/- with the understanding that Rs.2,00,000/- was to be paid to the Opposite party-wife at the time of filing the Section 13-B application and the remaining amount of Rs.8,00,000/- to be paid on the date of passing final order in the said proceeding, i.e., CP No.212 of 2023. However, a letter being written by the Opposite Party-wife to the learned Court below, making certain allegations regarding her consent to move such joint application, CP No.212 of 2023 stood dismissed.

5. As it seems from the letter written by the Opposite Party-wife dated 22.03.2024, as at Annexure- 4, the allegation made therein is that the Petitioner husband did not act in terms of the said mutual understanding for payment of permanent alimony of Rs. 10,00,000/-, though Rs.2,00,000/- was admittedly paid to the Opposite Party-wife.

6. Learned Counsel for the Petitioner submits, his client was supposed to pay the remaining amount of Rs.8,00,000/- on the date of passing of the final decree of divorce by the learned Court below. However, the Opposite Party, prior to the said date, wrote such a letter, which was the basis to dismiss the 13-B application. He further submits, his client is ready and willing to pay the remaining Rs.8,00,000/- in shape of demand draft drawn in the name of the Opposite Party-wife and will deposit the said amount on the next date before this Court.

7. Learned Counsel for the Opposite Party submits that, since there is a delay to act in terms of the understanding, some more amount, over and above Rs.8,00,000/- (Rupees Eight Lakhs only), should be paid to the Opposite Party-wife.

8. Hence, the learned Counsel for the Petitioner is directed to prepare a demand draft of Rs.8,40,000/- (Rupees Eight Lakhs Forty Thousand only), to be drawn in the name of the Opposite Party- wife and bring the same on the next date, enabling this Court to pass appropriate order in the said regard.”

4. Since the Petitioner has already acted in terms of the order dated 23.12.2025, the prayer made in the writ petition is allowed.

5. The impugned order dated 22.03.2024 passed by the learned Judge, Family Court, Puri in CP No.212 of 2023 is set aside. The matter is remitted back to the learned Court below to pass an appropriate order in terms of Section 13-B of the Hindu Marriage Act. The demand draft is returned to the learned Counsel for the Petitioner to be produced before the learned Court below on the date fixed.

6. Both the parties are directed to appear before the learned Judge, Family Court, Puri on 12^th January, 2026, at 11 A.M. On the sai