Orissa High Court
Tripti Acharya vs Kumar Sp/Phani Kumar/Phani on 24 April, 2024
Bench: Arindam Sinha, M.S. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No.116 of 2022
Tripti Acharya .... Appellant
Represented by Adv.-
Mr. Anupam Rath, Advocate
Ms. S. Rath, Advocate
-versus-
Kumar SP/Phani Kumar/Phani .... Respondent
Kumar Swaharu/Sivansh Kumar
Sripati
Mr. Sujit Lal, Advocate
Mr. Piyush Panda, Advocate
CORAM:
THE HON'BLE MR. JUSTICE ARINDAM SINHA
AND
THE HON'BLE MR. JUSTICE M.S. SAHOO
ORDER
24.04.2024 Order No.
07. 1. Mr. Rath, learned advocate appears on behalf appellant-wife and submits, meager amount has been directed as permanent alimony by impugned judgment dated 22nd April, 2022 made by the Family Court. Also, there was omission to direct return of 'Stridhan'. He submits, his client has made application to adduce additional evidence in the appeal. On query from Court he submits, she could not produce the evidence at trial because she was unwell at that time. Page 1 of 3
2. Mr. Panda, learned advocate appears on behalf of respondent- husband. He submits, his client resides in Visakhapatnam, which is why there was lack of communication resulting in the case set ex parte against him. He submits further, his client is a qualified person but considered, overage by those who can employ him. Hence, he is without employment and cannot pay permanent alimony on the divorce, obtained by appellant-wife.
3. Perused order sheet. After the case was filed the pandemic happened. By order dated 22nd April, 2022 the proceeding was set ex parte against respondent-husband.
4. We are in possession of submission made on behalf of appellant-wife that she could not adduce relevant evidence regarding what should have been directed as permanent alimony. Direction in impugned judgment is at ₹3,00,000/- (rupees three lakhs). We are also in possession of submission made on behalf of respondent-husband that he could not participate at trial.
5. Pursuant to observations made regarding terms of remand, we direct remand on setting aside impugned judgment. Respondent- husband will file written statement by 15th May, 2024. Within that time appellant-wife will file in the Family Court certified copies of her affidavits dated 29th February, 2024 and 1st March, 2024 filed in Page 2 of 3 the appeal, to be treated as additional evidence-in-chief regarding enhancement of permanent alimony. Respondent-husband is on notice of this direction and any omission in the written statement is likely invite adverse presumption on facts. In event the written statement is not filed as directed, the hearing on remand will proceed ex parte against the husband, with consequence of his participation to the extent allowed in law on him precluded from filing written statement. The Family Court is requested to proceed with hearing on remand expeditiously without granting unnecessary adjournments.
6. The appeal is disposed of.
( Arindam Sinha ) Judge ( M.S. Sahoo ) Judge Prasant Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 24-Apr-2024 20:11:00 Page 3 of 3