The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No.200 of 2022 Prajnya Priyadarsini Satapathy @ Hota ..……. Appellant Mr. Satyabrata Mohanty, Advocate -Versus- Ashis Ranjan Hota ..……. Respondent Ms. Tapaswini Sinha, Advocate Mr. S. Chakravarty, Advocate CORAM: JUSTICE S. TALAPATRA JUSTICE SAVITRI RATHO ORDER 09.03.2023 Order No. 04. 1. 2. This matter is taken up through Hybrid mode.
Legal Reasoning
Heard Mr. Satyabrata Mohanty, learned counsel appearing for the appellant and also Ms. T. Sinha, learned counsel and Mr. S. Chakravarty, learned counsel appearing for the respondent. 3. This is an appeal under Section-19(1) of the Family Courts Act, 1984 from the judgment dated 22.09.2022 delivered in Civil Proceeding No.161 of 2019 by the Judge, Family Court, Bhubaneswar. 4. By the said judgment, the said matrimonial suit filed by the respondent has been allowed by granting the decree of divorce. 2 5. The said judgment and decree are challenged in this appeal. A sum of Rs.28,00,000/- (Rupees twenty eight lakh) has been granted by the Judge, Family Court, Bhubaneswar as the permanent alimony. In the midst of the proceeding, at the intervention of the well-wishers, the parties have come to a settlement. 6. Today in the proceeding, they have filed a joint affidavit recording the terms and conditions of the said settlement. 7. We have examined those terms and conditions to verify whether any of the terms is hit by Section-23 of the Indian Contract Act. 8. After due verification, we are of the view that none of the terms, as agreed upon, is hit by Section-23 of the Indian Contract Act. 9. We find no impediment in accepting those terms and conditions in order to grant the decree of divorce now on mutual consent. For purpose of reference, those terms and conditions are reproduced below: “TERMS & CONDITIONS (A) That both the parties by way of settlement agreed for dissolution of their marriage solemnized on 05.09.2017 before the Marriage Officer, Khandagiri under the Special Marriage Act and subsequently solemnized on 24.11.2017 3 as per Hindu rites and customs by a decree of divorce on mutual consent by confirming the decree of divorce already passed on 22.09.2022 in Civil Proceeding No.161 of 2019 by the Judge, Family Court, Bhubaneswar. (B) That it is agreed between the parties that the respondent shall pay a sum of Rs.45,00,000/- (Rupees forty-five lakh) only to the appellant towards permanent alimony in place of Rs.28,00,000/- (Rupees twenty eight lakh) only already awarded in C.P. No.161 of 2019 by the learned Judge, Family Court, Bhubaneswar which is excluding the maintenance amount thus awarded in C.R.P. No.89 of 2019 (Rs.6,92,000/-) as well as D.V. Misc. Case No.193 of 2019 (Rs.58,000/-). Thereafter, the appellant will have no right to lay any claim whatsoever on the person or any property (acquired or inherited) of the respondent. (C) That it is agreed between the parties that apart from the amount received by the appellant (Rs.1,60,000/- as maintenance from the date of filing of the case to September, 2022 as well as Rs.1,50,000/- for medical expenses on behalf of the minor daughter as her mother guardian), the respondent will pay monthly maintenance 4 amount of Rs.9,500/- per month from October, 2022 onwards for the minor daughter. Apart from that to meet her minor daughter educational expenditure, the respondent will pay 4% of his net annual salary annually once starting from 2023-2024 during February of each year till completion of Degree Course in Engineering, Medical etc. All the above amount will be deposited at present in the account which has been opened by the appellant as mother guardian of the minor daughter Sai Shreenika Hota at Indian Bank, Mangalabag Branch, Cuttack bearing Account No.7445381681 IFSC Code IDIB000C037. Further, it is agreed that the marriage expenditure of her (minor daughter) will also be borne by the respondent. (D) That it is agreed between the parties that since the minor daughter is already residing with the appellant, she will remain under the care and custody of the appellant and being the father, the respondent has visitation right to see the daughter once in each six months (not exceeding two times in a calendar year) preferably on Sundays or holidays with prior consent of the appellant by giving advance intimation. 5 (E) That it is agreed between the parties that after passing of decree of divorce, both the parties shall cooperate with each other for withdrawal/quashing of all cases initiated at their instances, if needed, either personal appearance or by deputing their legal counsel as and when required. Pending Cases initiated by the appellant 1. C.P. No.920 of 2021 seeking restitution pending before learned Family Court, Cuttack. 2. D.V. Misc. Case No.193 of 2019 pending before learned J.M.F.C. (LR), Bhubaneswar. 3. Bhubaneswar Mahila P.S. Case No.36 of 2019 (corresponding to C.T. No.1380 of 2019 pending before learned S.D.J.M., Bhubaneswar) lodged against the respondent, his parents and his other relatives. 4. RPFAM No.344 of 2022 pending before this Court. Pending cases initiated by the respondents and his other relatives. 1. CMA Case No.36 of 2022 before learned Judge, Family Court, Bhubaneswar. 2. CRLMC No.785 of 2022 filed by the cousin sister of the respondent before this Court. 6 3. CRLMC No.3698 of 2022 filed by the uncle of the respondent before this Court. (F) That both the parties have agreed that after giving/ receiving the full and final settlement amount, grant of divorce and quashing of the cases, either party or their immediate family members will not interfere in the personal, marital and professional life of each other and they will also not file any type of case, complaint, petition against each other or their respective family members qua this marriage in future. (G) That it is further agreed between the parties that in case of breach/violation or wilful disobedience of either the settlement deals or its terms and conditions the party breaching the terms, shall be liable for contempt proceeding and the party aggrieved shall be entitled for status qua-anti in every possible way. (H) That the settlement and its terms have been made out of our will, volition with individual consent and without any force, undue influence, coercion or any sorts of fraud. 7 (I) That in view of settlement arrived at between us, we the parties pray this Court to pass a decree of divorce on mutual consent with above terms and conditions.” 10. A sum of Rs.45,00,000/- (Rupees forty five lakhs) by means of Demand Drafts have been received by the appellant in the Court and in acknowledgement thereof, she has signed the memorandum of receipt and the same has been handed over to the respondent. 11. We do not find any impediment to affirm the judgment dated 22.09.2022 with modification in terms of the settlement, as referred above, including the quantum of alimony. 12. It is needless to say that all the terms & conditions as agreed upon by the parties shall be binding on each of them and they are to abide by those terms and conditions by their letter and spirit. 13. The various proceedings as pending between the parties, shall be brought to an end in terms of the settled terms as catalogued above, as expeditiously as possible and in this regard, the parties shall co- operate each other without raising any further issue. 14. We have interacted with the parties, who are present before us in person and they have stated that there has been no coercion or 8 duress while agreeing to the said terms and conditions of the settlement. 15. In the result, the appeal stands dismissed on compromise subject to the terms and conditions as agreed upon by the parties. 16. The joint affidavit laying down the settlement between the parties in the proceeding, as filed shall form part of the decree. 17. The Registry is directed to prepare the decree. 18. LCRs., if any, lying with the Registry shall be returned forthwith. 19. Urgent certified copy of this order be granted as per rules. (S. Talapatra) Judge (Savitri Ratho) Judge Subhasis 9 10