The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK TRP (Crl.) No.49 of 2022 & TRP(C ) Nos.251 & 252 of 2022 In the matter of an application under Section 19 of the Administrative Tribunals’ Act, 1985. ……………… Snita Pradhan …. Petitioner -versus- Laxmikanta Chhotray …. Opposite Party For Petitioner :M/s. H.N. Mohapatra & S. Behera, Advocate For Opp. Party : :M/s. P.K. Sahoo,U.C.Dora, H.P.Ojha & G.R. Das, Advocate PRESENT: THE HONBLE JUSTICE BIRAJA PRASANNA SATAPATHY ----------------------------------------------------------------------------- Date of Hearing: 23.12.2022 and Date of Order: 04.01.2023 ----------------------------------------------------------------------------- Biraja Prasanna Satapathy, J. 1. 2. This matter is taken up through Hybrid Mode. The wife is the Petitioner in all the aforesaid three transfer applications. 3.
Facts
Since the parties are same in all the three transfer applications, all are heard analogously with the consent of the learned counsels appearing for the parties as // 2 // well as with the consent of the petitioner and opposite party, who are present in person before this Court pursuant to the order passed on 12.12.2022. 4. The petitioner-wife while has prayed for transfer of CMC No.335 of 2020 from the Court of learned SDJM, Bhubaneswar to the Court of the learned SDJM(S), Cuttack in TRP(Crl.) No.49 of 2022, TRP (C ) No.251 of 2022 has been filed seeking transfer of C.P. No.375 of 2020 from the learned Judge, Family Court, Bhubaneswar to learned Judge, Family Court Cuttack. Similarly TRP (C) No.252 of 2022 has been filed seeking transfer of CP No.781 of 2020 from the self-same Court of learned Judge, Family Court, Bhubaneswar to the Court of learned Judge, Family Court, Cuttack. 5. While CMC No.335 of 2020 was filed by the wife- petitioner under Section 12 of the Protection of Women from domestic Violence Act, 2005, CP No.375 of 2020 was filed by the opposite party-husband under Section 13 of the Hindu Marriage Act. Similarly, CP No.781 of 2020 has been filed by the petitioner under Section 18 of the Hindu Adoption and Maintenance Act. 6. Taking into account the dispute involved in the matter and the fact that the petitioner-wife is not ready Page 2 of 7 // 3 // to continue with her conjugal life any more with the
Legal Reasoning
opposite party husband, this Court in TRP (Crl.) No.49 of 2022 vide order dated 11.10.2022 in order to have a settlement of the disputes between the parties, sent the same for mediation to the coordinator Odisha High Court Mediation Center. Pursuant to the said order, though the parties appeared before the Mediator, but the mediator submitted the report on 30.11.2022 indicating therein that the mediation has become unsuccessful. But on the request made by the learned counsels appearing for the parties before this Court on 12.12.2022, the matter was fixed to 21.12.2022 with the understanding that the parties will appear along with their counsels before this Court on the said date. Pursuant to the said order passed by this Court on 12.10.2022, the petitioner and opposite party, who are same in all the three cases, appeared before this Court along with their respective counsels. Both the parties came to a settlement and as per the settlement made before this Court, the parties herein agreed to file a petition under Section 13-B of the Hindu Marriage Act before the learned Judge, Family Court, Bhubaneswar, who is in seisin of C.P. No.375 of 2020, on 27.02.2023. Page 3 of 7 // 4 // Both the parties also agreed that the husband will pay to the petitioner wife a sum of Rs.30,00,000/-(Rupees Thirty lakhs)towards permanent alimony and will return some articles which the opposite party has kept with him when the petitioner left her matrimonial house. 7. Taking into account such stand of the parties and this Court permits them to file a petition under Section 13-B of the Hindu Marriage Act on 27.02.2023, both the parties also agreed that on the date of filing of the petition on 27.02.2023, the husband-opposite party will pay a sum of Rs.15,00,000/-(Rupees Fifteen lakhs) by way of a Demand Draft drawn in favour of the wife and the said demand draft shall be made part of the record and will be enclosed along with the petition. It is also agreed that the husband will return the following articles to the wife on 27.02.2023 and in support of the same, the petitioner-wife will give an acknowledgement showing its receipt. The list of such articles agreed to be returned by the husband to the wife is indicated hereunder:- 1. One piece of ear-ring 2. One necklace (Female) 3. One ring (male) Page 4 of 7 // 5 // 4. Two rings (Female) 5. One Titan watch 6. One semi-automatic washing machine 7. One ring given to the sister in law 8. One wooden bed 9. One dressing table 8. It is also agreed that on the date of disposal of the matter by the learned Judge, Family Court, Bhubaneswar with grant of a mutual decree divorce, the husband-opposite party will pay a further sum of Rs.10,00,000/-(Rupees ten lakhs)_ by way of Demand Draft in favour of the petitioner. The balance permanent alimony of Rs.5,00,000/-(Rupees Five Lakhs) will be paid by the husband by the end of 30.4.2024. It is also agreed that after filing of the petition under Section 13-B of the Hindu Marriage Act, with receipt of Rs.15,00,000/- towards permanent alimony from out of the agreed amount of Rs.30,00,000/-(Rupees Thirty lakhs), the wife-petitioner shall take effective steps to close the proceeding initiated against the husband-opp. party in CMC No.335 of 2020 and CP No.781 of 2020 pending before the concerned Courts by filing appropriate application and by giving evidence to the effect that the matter has been settled in between the Page 5 of 7 // 6 // parties and she does not want to proceed with those cases. The petitioner-wife will also take step to close any other proceeding that has been initiated against the opposite party or his family members by taking similar step. 9. Taking into account the compromise arrived at in between the parties and the request made by the parties as well as their respective counsels, learned Judge, Family Court, Bhubaneswar before whom the proceeding will be initiated under Section 13-B of the Hindu Marriage Act, is directed to dispose of the proceeding by 30th April, 2023 by allowing them the benefit of the cooling off period. However, it is observed that if the opposite party-husband will fail to pay the amount as agreed by him, he will not be entitled to get a mutual decree of divorce and all the proceedings as prayed for by the petitioner will be transferred to the Courts in question. 10. With the aforesaid observation and direction, all
Decision
the three transfer petitions are disposed of. (Biraja Prasanna Satapathy) Judge Orissa High Court, Cuttack Dated the 4th January, 2023/sangita Page 6 of 7 // 7 // Page 7 of 7