IN THE HIGH COURT OF ORISSA AT CUTTACK
RSA No.267 of 2016
(In the matter of an appeal under Section 100 of the Code of Civil Procedure, 1908)
Kshirodini @ Khirodini Suna …. Appellant
-versus-
Dinamani Suna …. Respondent
For Appellant - Mr.B.K.Routray, Advocate
For Respondent - D.K.Sahu, Advocate
CORAM:
MR. JUSTICE A.C.BEHERA
Date of Hearing :14.05.2026:: Date of Judgment :15.05.2026
A.C. Behera, J. This 2nd appeal has been filed by the Appellant/Wife challenging the judgment and decree dated 19.04.2016 and 04.05.2016 respectively passed in MAT Appeal No.01/98 of 2012/2013 by the learned Additional District Judge, Padampur in the District of Bargarh on the ground of inadequacy of the amount of permanent alimony passed in her favour praying for enhancement of the same.
2. The Respondent and Appellant in this 2nd appeal being the husband and wife respectively, they were the Petitioner and Respondent before the learned Trial Court in the suit vide Civil Suit (MAT) No.36 of 2010 under Section 13(1) of the Hindu Marriage Act, 1955 and Respondent and Appellant before the learned 1st Appellate Court in the 1st Appeal vide MAT Appeal No.01/98 of 2012/2013.
3. The factual backgrounds of this 2nd appeal, which prompted the Appellant/Wife for filing the same is that, the Respondent/Husband being the Petitioner filed the suit vide Civil Suit (MAT) No.36 of 2010 under Section 13(1) of the Hindu Marriage Act, 1955 against his wife (Appellant in this 2nd appeal) arraying her as Respondent praying for passing a decree of divorce dissolving his marriage with his wife taking several grounds.
To which, his wife contested denying the allegations alleged by the Petitoner (husband) against her.
4. After taking the materials and evidence available in the record into account, the learned Trial Court decreed the said suit of the Petitioner/Husband vide Civil Suit (MAT) No.36 of 2010 on contest against his wife and dissolved the marriage of the Petitioner and Respondent.
To which, the wife challenged by preferring an appeal vide MAT Appeal No.01/98 of 2012/2013 before the learned 1st Appellate Court.
5. After hearing from both the sides, the learned 1st Appellate Court disposed of that MAT Appeal No.01/98 of 2012/2013 on contest as per its judgment and decree dated 19.04.2016 and 04.05.2016 respectively confirming the decree of divorce passed by the learned Trial Court directing the Husband to pay Rs.7.5 Lakhs (Rupees Seven Lakhs and Fifty Thousand only) as lump sum to the Wife towards her permanent/one time alimony and also directed the Husband to pay Rs.1000/- (Rupees One Thousand only) per month for the maintenance of the minor son.
6. On being aggrieved with the aforesaid judgment and decree passed by the learned 1st Appellate Court in MAT Appeal No.01/98 of 2012/2013, the wife challenged the same preferring this 2nd appeal being the Appellant against her Husband arraying her Husband as Respondent praying for modification of the aforesaid judgment and decree passed by the learned 1st Appellate Court in order to enhance the awarded permanent alimony in her favour from Rs.7.5 Lakhs (Rupees Seven Lakhs and Fifty Thousand only) to 15 Lakhs (Rupees Fifteen Lakhs only).
7. This 2nd Appeal filed by the Wife (Appellant) against the Husband (Respondent) was admitted on formulation of the following substantial question of law i.e.:-
Whether, the 1st Appellate Court confirming the decree of divorce is not right in awarding the permanent lump sum alimony of Rs.7.5 Lakhs, which is on a lower side in view of the evidence on record?
8. I have already heard from the learned counsels of both the sides.
9. As per Order No.36 dated 20.03.2026, the learned counsels of both the sides were directed to clarify the following queries of this Court for the fair adjudication of this 2nd appeal and the said queries are as follows:-
(i) Present salary of the Husband/Respondent (Dinamani Suna).
(ii) Present remuneration of the Appellant/Wife.
(iii) The date of birth of the son of the Appellant and Respondent.
On that day i.e. on 20.03.2026, the learned counsels of both the sides submitted the photo copy of the Matriculation Certificate of the son of the Appellant and Respondent showing his date of birth as 02.08.2004 and took time for filing of the documents in support of the above query Nos.1 and 2
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