The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No. 269 of 2024 Chinmaya Kumar Nayak …. Appellant Represented By Adv. – Mr. J.K.Mishra-2, Advocate -versus- Alfiza Monalisha Nayak …. Respondent Represented By Adv.– Mrs. S. Jena, Advocate CORAM: JUSTICE MANASH RANJAN PATHAK JUSTICE MRUGANKA SEKHAR SAHOO Order No. 05.
Decision
ORDER 05.08.2025 1. Heard learned counsel appearing for the appellant and learned counsel for the respondent. Pursuant to the order dated 09.07.2025 the appellant- husband along with his father was present before this Court on dated 31.07.2025. The respondent-wife is present in person. The appellant and the respondent were heard in person by the Court. Both the learned counsel for the appellant and respondent standing tall at the bar have worked out a solution agreeable to both the parties and they have filed joint affidavit dated 31.07.2025 which is reproduced herein: - “IN THE HIGH COURT OF ORISSA : CUTTACK MATA NO. 269 OF 2024 Chinmaya Kumar Nayak …. Appellant -Versus- Alfiza Monalisha Nayak …. Respondent Page 1 of 5 JOINT AFFIDAVIT FILED BY THE APPELLANT AND THE RESPONDENT 1) That the matter has been listed today i.e. on 31.07.2025 as per the order dated 09.07.2025 indicating therein for personal appearance of both the parties. Accordingly, both the parties appeared today before the Hon’ble High Court as they have decided to settle the issue for all times to come. 2) That the appellant-husband is agreeable to pay a sum of Rs.7,00,000/- (Rupees Seven Lakhs) as permanent alimony to the respondent-wife and the respondent-wife is agreed for it. 3) That this affidavit is being filed by both the parties as the dispute has already been amicably settled between them and the respondent will be abide by the terms and conditions of payment of Rs.7,00,000/- (Rupees Seven Lakhs) on installment basis and the matter is resolved between them for all times to come. 4) That the appellant will take steps to drop all the proceedings pending against him and his family members, filed by the respondent to which the respondent is having no objection. 5) That both the appellant and respondent are swearing this affidavit out of their own volition and free will and without any coercion and pressure from any corner. IN THE HIGH COURT OF ORISSA : CUTTACK MATA NO. 269 OF 2024 Chinmaya Kumar Nayak …. Appellant -Versus- Alfiza Monalisha Nayak …. Respondent AFFIDAVIT 1. Chinmaya Kumar Nayak, of Village/PO: Rajmukandpur, PS- Bhadrak(R), District-Bhadrak, Occupation-Unemployed, aged about-40 years. 2. Father’s Name: Nityananda Nayak. 3. Number of proceedings pending in the High Court or would be instituted (Caveat): MATA No. 269 of 2024. Page 2 of 5 4. Statement of Facts : As per averments taken in the joint affidavit from Para-1 to 5. 5. The facts stated are true to the best of the knowledge and belief. Declaration I, Chinmaya Kumar Nayak, the deponent above named do hereby solemnly affirm that the facts stated in paragraphs 1 to 5 are true to my own knowledge and in paragraph 1 to 5 are true to the best of my information which I obtained from my personal sources. I believe the information to be true for the following reasons: Basing upon official record and information. Solemnly declare at the above said this 31st day of July, 2025. Identified by Sd/- Sd/- Advocate Deponent Solemnly affirm before me by Chinmaya Kumar Nayak who is identified before me by Mr. J.K.Mishra-2 who I personally known. This the 31st day of July, 2025. Sd/- Notary Public, Cuttack CUTTACK DATE:31.07.2025 Advocate IN THE HIGH COURT OF ORISSA : CUTTACK MATA NO. 269 OF 2024 Chinmaya Kumar Nayak …. Appellant -Versus- Alfiza Monalisha Nayak …. Respondent AFFIDAVIT 1. Alfiza Monalisha Nayak, of Village/PO: Gadabandhogoda, PO/PS-Ramachandrapur,District-Keonjhar,Occupation-Housewife, aged about-34 years. 2. Father’s Name: Manoranjan Nayak. 3. Number of proceedings pending in the High Court or would be instituted (Caveat): MATA No. 269 of 2024. 4. Statement of Facts : As per averments taken in the joint affidavit from Para-1 to 5. 5. The facts stated are true to the best of the knowledge and belief. Declaration I, Alfiza Monalisha Nayak, the deponent above named do hereby solemnly affirm that the facts stated in paragraphs 1 to 5 Page 3 of 5 are true to my own knowledge and in paragraph 1 to 5 are true to the best of my information which I obtained from my personal sources. I believe the information to be true for the following reasons: Basing upon official record and information. Solemnly declare at the above said this 31st day of July, 2025. Identified by Sd/- Sd/- Advocate Deponent Solemnly affirm before me by Chinmaya Kumar Nayak who is identified before me by Mr. J.K.Mishra-2 who I personally known. This the 31st day of July, 2025. Sd/- Notary Public, Cuttack CUTTACK DATE:31.07.2025 Advocate” 2. As agreed between the parties, upon production of certified copy of this order, all the pending cases between the parties initiated by the respondent including any execution case before any other forum shall be dropped. Upon payment of ₹7,00,000/- (Rupees seven lakhs) to the respondent and upon production of certified copy of this order learned court(s) shall not insist on any affidavits by the parties or any other document. Registry shall intimate the concerned courts regarding this order by sending copy of the order as per the details given below : Court Case No. Civil Judge (Senior Division), MAT Case No.191 of 2021 Anandapur. 3. It is agreed by the parties as stated in the affidavit that the appellant shall deposit/credit ₹2 lakh by 29.08.2025 to the account of the respondent. By end of September, October, November, December, 2025 and January, 2026 every month, further ₹1 lakh amount shall be Page 4 of 5 credited/ transferred to the account of the respondent. Thus, the total amount shall be ₹7 lakh to be paid by appellant to respondent towards alimony and as full and final settlement. Appellant shall also have the liberty to pay the entire amount to the respondent prior to the date fixed by the Court. The cases filed by the respondent against the appellant shall be dropped upon production of certified copy of this order before the court in seisin of the matter after the amount of seven lakh is paid to the respondent. 4. Appeal is allowed in terms of the settlement arrived at between the parties as indicated above. By exercising the powers conferred on us as appellate Court. The judgment dated 24.06.2024 passed by the learned Civil Judge (Sr. Division), Anandapur in MAT Case No. 191 of 2021 is set aside. The marriage between appellant and respondent solemnized on 14.05.2017 is dissolved. The modified decree shall be issued by this Court after the entire amount of ₹7 lakh is paid to and received by the respondent and all cases are dropped. 5. It is open to either of the parties to approach this Court for further orders in the disposed of appeal in case of any difficulty. (Manash Ranjan Pathak) Judge (Mruganka Sekhar Sahoo) Judge Narayan/Ranjeeta Signature Not Verified Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 12-Aug-2025 19:18:49 Page 5 of 5