Orissa High Court
Indramani Behera vs Binapani Behera on 7 October, 2021
Bench: S.K. Mishra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.9 of 2012
Indramani Behera .... Appellant
Mr. Dillip Ray, Adv.
& Mrs. Smita Das, Adv.
-versus-
Binapani Behera .... Respondent
Mr. J.K. Mishra-2, Adv.
CORAM:
JUSTICE S.K. MISHRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 07.10.2021
28. 1. This matter is taken up through hybrid mode.
2. In this MATA, the Appellant-husband has assailed the judgment and order dated 24.12.2011 passed by the learned Judge, Family Court, Balasore in C.P. No.246/ 2010 (C.S. (Mat.) No.894/2009-I) rejecting his application filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for brevity).
3. The application under Section 13 of the Act i.e. C.P. No.246/ 2010 (C.S. (Mat.) No.894/ 2009-I) was initiated by the Appellant-Indramani Behera in the court of the learned Judge, Family Court, Balasore. Hereinafter for the purpose of convenience, we shall refer the husband-Indramani Behera as "the Appellant" and his wife- Binapani Behera as "the Page 1 of 4 // 2 // Respondent". Learned Judge, Family Court, Balasore vide the aforesaid judgment has come to the conclusion that the Petitioner has failed to prove its case and therefore, dismissed the application for dissolution of marriage under Section 13 of the Act.
4. In course of hearing, Mr. Dillip Ray, learned counsel for the Appellant argued that in the meantime, the Appellant has been acquitted of the offence under Sections 498A/ 506/ 406/ 34 of the Penal Code read with Section 4 of the D.P. Act by the learned J.M.F.C., Soro vide the judgment and order dated 07.11.2012 passed in C.T. No.454 of 2008/ Trl. No.329 of 2009. It appears that though there was a compromise between them, it nonetheless is established that a criminal proceeding initiated by the Respondent against the Appellant, his father, his brother and sister-in-law has been ended in acquittal. This itself constitutes an act of cruelty on the part of the Respondent.
5. Accepting the certified copy of the judgment dated 07.11.2012 passed by the learned J.M.F.C. Soro in C.T. Case No.454 of 2008/ Trl. No.329 of 2009, as additional evidence, we are of the opinion that the Appellant was treated with cruelty by Respondent. The only other question that remains in this case is whether the Appellant is liable to pay alimony to the Respondent or not?
6. In this case, both the parties have filed their respective income particulars. It is apparent from the affidavit filed by the Page 2 of 4 // 3 // Appellant on 03.12.2019 that he earns a sum of Rs.25,800/- per month for discharging his duties as an Assistant Teacher. The document giving the pay particulars (pay slip) submitted by the Appellant is issued by the Block Education Officer, Basudevpur as at Annexure-1/A to the aforesaid affidavit and is accepted as additional evidence and it is held that the Appellant is receiving a sum of Rs.25,800/- as his monthly salary. Another document has been filed by the Respondent through an affidavit dated 16.01.2021 which shows that she is working as an Anganwadi Worker of Parameswar Anganwadi Center since 2002 under the ICDS Project, Simulia, Balasore and is getting honorarium at the rate of Rs.7,500/- per month.
7. Keeping in view the entirety of the facts and the income of the Appellant and the Respondent, we are of the opinion that the Appellant should pay permanent alimony of Rs.3,50,000/- (rupees three lakhs and fifty thousand only) to the Respondent.
8. Accordingly, the MATA is allowed. The C.P. No.246/ 2010 (C.S. (Mat.) No.894/2009-I) filed by the Appellant before the learned Judge, Family Court, Balasore is hereby allowed and the judgment and order dated 24.12.2011 passed therein are set aside. The marriage of the Appellant-Indramani Behera and the Respondent- Binapani Behera is dissolved by a decree of divorce with a direction to the Appellant to pay a sum of Rs.3,50,000/- (rupees three lakhs and fifty thousand only) to the Respondent as permanent alimony within a period of three months hence, failing which, the awarded amount shall carry interest at the rate Page 3 of 4 // 4 // of six per cent per annum from the date of filing of the original proceeding before the learned Judge, Family Court, Balasore.
9. With such observations, this MATA is disposed of.
10. There shall be no orders as to costs.
11. Urgent certified copy of this order be granted on proper application.
( S. K.Mishra) Judge ( Savitri Ratho ) Judge BJ Page 4 of 4