Smt. Sunanda Padhi @ Jhuli v. Simanchal Padhi
Case at a glance
Outcome
Partly allowed
In terms of the above, the appeal stands partly allowed
Provisions considered
- Family Courts Act, 1984
- Code of Criminal Procedure, 1973 ss. 125, 127
- Hindu Marriage Act, 1955 s. 28(1)
Key paragraphs
- Para 1414. In terms of the above, the appeal stands partly allowed. Registry is directed to draw the decree accordingly. The Judge, Family Court, Berhampur, Ganjam is directed to return the bank drafts amounting to Rs.4,00,000/- to the Respondent, the Petitioner in C.P. No. 06 of…
Judgment
ORDER 25.01.2023 Order No. 07.
This matter is taken up through Hybrid Mode. Heard Mr. S.K. Pradhan, learned counsel appearing for the Appellant and Mr. Ashok Das, learned counsel appearing for the Respondent.
By means of this appeal under Section 19 (1) for the Family Courts Act, 1984, the common judgment dated 26.12.2015 delivered in C.P. No. 06 of 2012 by the Judge, Family Court, Berhampur, Ganjam has been challeged.
It is noteworthy that the appeal filed by the Appellant against the common judgment dated 26.12.2015 delivered in C.P. No. 85 of 2010 had been withdrawn. Thus, the only challenge that survives is against the judgment dated 26.12.2015 as delivered in 2 C.P. No. 06 of 2012. The challenge against the findings leading to dissolution of marriage has been abandoned.
Mr. Pradhan, learned counsel has, at the outset, submitted that now the challenge is confined to the quantum of the permanent alimony. From the impugned judgment, it appears that Rs.1,00,000/- has been allowed to the Respondent as the permanent alimony, whereas the provision of Rs.3,00,000/- has been made in favour of their son presently staying with the Appelllant. There is no dispute that the Respondent is a teacher under a grant in aid School and he has been receiving the monthly salary about Rs.30,000/-.
Mr. Das, learned counsel has at the outset submitted that as per the direction of the Judge, Family Court, Berhampur, Ganjam, the entire sum of Rs.4,00,000/- (1,00,000+3,00,000) has been deposited by bank drafts in the court of Judge, Family Court, Berhampur, Ganjam in the year 2015.
In response, Mr. Pradhan, learned counsel has submitted that the same amount has not been drawn by the Apellant or her son and for that reason, the bank drafts are lying in the court of the Judge, Family Court, Berhampur, Ganjam. 3
We have perused the statement of liability and income as filed by the Respondent and we have noted that the Respondent is paying a sum of Rs.7,000/- per month as maintenance to the Appellant under the order passed in a proceeding drawn up under Section 125 of the Cr.P.C. The criminal procedure code provides that in case of change in the circumstances including upward mobility of cost of living, the person, who is getting the maintenance allowance, can apply for enhancement of maintenance allowance [see Section 127 of the Cr.P.C.].
Taking the life-span of the Appellant into account and on consideration of the resources of the Respondent and the rising cost of living etc., we think it would be appropriate if the permanent alimony is settled at Rs.15,00,000/- (Rupees fifteen lakhs). We are not inclined to make any arrangement for maintenance of the son as it has been reported that the son is now about 22 years of age.
The Respondent shall pay a sum of Rs.15,00,000/- to the Appellant within a period of three months from today. It is further directed that the bank drafts be revalidated and be drawn in the name of the Respondent. If the revalidated bank drafts are handed over to the Appellant, the said sum of Rs.4,00,000/- will be deducted from 4 the total sum of permanent alimony by invoking the provisions of Section 28 (1) of the Hindu Marriage Act, 1955.
The entire transaction payment of the permanent alimony as aforesaid shall be paid with the said period of three months. The Respondent may pay the amount in instalments but within the time stipulated. On the entire amount has to be paid, failure to pay the entire sum of alimony within the time as stipulated, the said amount will carry interest at the rate of 7 % per annum and the decree will be treated as a money decree.
Operative part
In terms of the above, the appeal stands partly allowed. Registry is directed to draw the decree accordingly. The Judge, Family Court, Berhampur, Ganjam is directed to return the bank drafts amounting to Rs.4,00,000/- to the Respondent, the Petitioner in C.P. No. 06 of 2012 for purpose of revalidating and handing over the drafts to the Appellant. This order may be brought to the notice of the bank, which issued the drafts, for the above purpose of revalidation.
It is also made clear that after the entire amount is paid, the Respondent will not be required to pay the monthly maintenance any longer. This judgment shall be placed before the court which passed 5 the order of maintainenance in the proceeding under Section 125 Cr.P.C.
The judgment so far as it relates to dissolution of marriage is affirmed.
The Parties shall undertake the steps for closing the proceedings as might be pending against each other. (S. Talapatra) Judge (Savitri Ratho) Judge
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In terms of the above, the appeal stands partly allowed
Which statutory provisions did this judgment involve?
Family Courts Act, 1984; Code of Criminal Procedure, 1973 — ss. 125, 127; Hindu Marriage Act, 1955 — s. 28(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.