The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK R.S.A. No.593 of 2014 In the matter of an Appeal under Section 100 of the Code of Civil Procedure assailing the judgment and decree dated 30.08.2014 & 05.09.2014 respectively passed by the learned District Judge, Ganjam, Berhampur in Matrimonial Appeal No.01 of 2009 partly setting aside the judgment and decree dated 20.02.2009 & 05.03.2009 respectively passed by the learned Civil Judge, Senior Division, Berhampur in O.S. No.27 of 2001. ---- Kiran Sadangi …. Appellant -versus- Tapan Kumar Khadanga …. Respondent Appeared in this case by Hybrid Arrangement (Virtual/Physical Mode): For Appellant -
Legal Reasoning
Mr.Soumya Mishra, (Advocate) For Respondent - Mr.Lalatendu Samantaray, (Advocate) CORAM: MR. JUSTICE D.DASH DATE OF HEARING :23.02.2023 :: DATE OF JUDGMENT:28.02.2023 D.Dash,J. The Appellant, by filing this Appeal, under Section 100 of Code of Civil Procedure, 1908 (for short, ‘the Code’), has assailed the judgment and R.S.A. No.593 of 2014 Page 1 of 5 {{ 2 }} decree dated 30.08.2014 & 05.09.2014 respectively passed by the learned District Judge, Ganjam, Berhampur in Matrimonial Appeal No.01 of 2009. The present Appellant as the Plaintiff had filed the suit i.e. O.S. No.27 of 2001 seeking a decree for divorce by dissolution of her marriage with the Respondent arraigned as Defendant and claiming permanent alimony litigation expenses etc. The suit was decreed by the learned Civil Judge, Senior Division and the following order was passed therein: The Plaintiff’s suit is decreed in part on contest against the defendant. Marriage between the plaintiff and the defendant is dissolved by a decree of divorce from to-day. The defendant is directed to give permanent alimony to the plaintiff at the rate of Rs.7500/- per quarter. He is also directed to pay Rs.2000/- per quarter towards maintenance of his daughter till her marriage. Such amounts shall be paid in the first week of each succeeding month of each quarter. The quarter shall begin from March 2009. Keeping in view the relationship between the parties and facts and circumstances of the case, I am not inclined to award any cost. 2. The Plaintiff being aggrieved by the said judgment and decree passed by the Trial Court with regard to the quantum of permanent alimony directed to be paid to her and her daughter by the Respondent had carried the Appeal under section 96 of the Code. That Appeal has been disposed of by the following order:- “In view of my foregoing discussions, I find no infirmity or illegality in the impugned judgment and decree passed by the learned court below so far as the quantum and mode of payment of permanent alimony and maintenance allowed in favour of the plaintiff-appellant Page 2 of 5 R.S.A. No.593 of 2014 {{ 3 }} and her daughter respectively are concerned. However, as indicated above, the defendant-respondent is also liable to pay a sum of Rs.2,00,000/-(Rupees Two Lakh) only to the plaintiff-appellant towards the future marriage expenses of her daughter within two months from the date of decree and in the event of such payment, the said amount would be kept in fixed deposit in the name of the daughter of the plaintiff-appellant to be utilized for her marriage in future.” 3. The present Appeal had been admitted to answer the following substantial question of law:- “Whether the order of permanent alimony as has been passed by the First Appellate Court is just and proper in considering the income of the Respondent as also looking into the stands of the parties and the minimum needs of the Appellant and her daughter.” 4. I have heard Mr.S.P.Mishra, learned Senior Counsel for the Appellant and Mr.Lalatendu Samantray, learned counsel for the Respondent at length in the matter of determination of the quantum of permanent alimony with reference all such relevant factors including those concerning the parties. 5. Keeping in view the submissions made with regard to the reasonableness of the quantum of permanent alimony payable by the Respondent to the Appellant and her daughter, who is yet to marry. I have perused the judgments passed by the Courts below. 6. The Appellant is now aged about 50 years whereas the age of the Defendant is around 57. Their daughter being of the age of 22, is yet to R.S.A. No.593 of 2014 Page 3 of 5 {{ 4 }} marry and saying with the Appellant. The marriage between the two had taken place on 14.07.1997. They are separately staying after expiry of one year or little more since their marriage. The Respondent was then working as a Junior Engineer under the Government of Odisha. In the meantime, he has been promoted and is an Assistant Engineer. The grown up unmarried daughter of the Appellant is staying with her. It is stated that the Respondent is now presently around Rs.80,000 per month. 7. The Appellate Court having confirming the order of the Trial Court as regards payment of Rs.7,500/- per quarter towards permanent alimony to be made by the Respondent to the Appellant has however directed the Respondent to deposit a sum of Rs.2 lakh towards the marriage expenses of their daughter. 8. In the meantime, the parties are in the fray of the litigation for more than two decades. In the facts and circumstances as obtained in evidence; further keeping in view all such relevant surrounding factors including all those which too concern with the parties; in my considered view the permanent alimony as to be paid by the Respondent to the Appellant and also the deposit to be made as directed by the First Appellate Court is not at all just and proper. 9. Taking into account, the present position of the parties and the status which the Appellant being the wife of the Respondent and her daughter are required to enjoy in the society by meeting standards of living and other unexpected and urgent needs; besides whatever has been paid by the Respondent towards alimony to the Appellant and the deposit in favour of the daughter, who is yet to marry; this Court is of the considered view that R.S.A. No.593 of 2014 Page 4 of 5 {{ 5 }} the lump sum permanent alimony of Rs.15 lakh, being made payable by the Respondent to the Appellant would be just and proper and in the best interest of the parties. The substantial question of law is accordingly answered. 10.
Decision
In the result, the Appeal is allowed in part without cost in terms of the following order:- i. The Respondent is directed to pay a sum of Rs.15,00,000/- (Rupees Fifteen Lakh) to the Appellant towards permanent alimony; ii. the payment be made in 3 equal installments; first one on or before 30th June, 2023; the next by end of December, 2023 and the last one by the end of March, 2024. (D.Dash), Judge Gitanjali R.S.A. No.593 of 2014 Page 5 of 5