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passed by the Civil Judge (Senior Division), Aska in Civil Suit No.26 of 2004.

2. Short background involved in the case is that the respondent (plaintiff in the court below) claiming to be the daughter of the appellant (defendant in the court below) filed the suit bearing Civil Suit No.26 of 2004 claiming therein monthly alimony of Rs.1, 500/- per month from the month of July, 2002 till completion of her education or till her marriage and a sum of Rs.2, 50,000/- towards her marriage expenses from the appellant. The respondent claimed to be the only daughter of appellant having born on 2.3.1988 out of the wedlock of the appellant and Smt. Namita Mohapatra (mother of the respondent). It is in view of difference and dissension between her mother and father, the appellant drove away the mother of the respondent from the house of the appellant. The appellant did not take care either of his wife or his daughter (respondent) not even provided anything for their maintenance. It is at this stage, the appellant filed a suit bearing C.S.No.71 of 1988 under Section 13 of the Hindu Marriage Act for divorce against the respondent's mother. The suit C.S.No.71 of 1988 was decreed by dissolution of their marriage and a sum of Rs.50, 000/- was awarded as permanent alimony for both the respondent and her mother. It is averred that though the mother of the Respondent received the aforesaid sum from the appellant following the decree but in course of time, the mother-Smt. Namita Mohapatra spent the entire amount for the education and maintenance for herself as well as for the respondent, as a result of which the respondent was compelled to depend upon her maternal grand mother and the respondent is still under her guardianship. After the respondent completed her High School examination, the maternal grandmother became unable to provide money for her college education and for her maintenance constraining the respondent to write a letter to the father-appellant for providing her financial assistance. The respondent alleged that the appellant is a man of sufficient means having movable and immovable properties. He used to get Rs.2, 500/- per month as house rent from one of his buildings at Aska town, he also earns Rs.15, 000/- per month out of his business and he has also income from agricultural sources of more than Rs.10, 000/- per annum. The respondent having already reached the marriageable age, finding the father has an obligation to meet her marriage expenses, the respondent required a sum of Rs.2, 50,000/- towards her marriage expenses. Thus, the respondent was constrained to file the suit bearing C.S.No.26 of 2004 making the claim as indicated hereinabove.

11. On perusal of the plaint vide O.S.No.71 of 1988, this Court finds that the suit was filed at the instance of the present appellant (Sarat Chandra Mohapatra) with the following Cause Title and Prayer:

"Cause Title:

Sarat Chandra Mohapatra, Son of Chandra Sekhar Mohapatra, aged 30 years, Business man of Utkal Cinema Road, P.O./P.S.-Aska, District-Ganjam. ... ... Plaintiff

-Versus-

Namita Palo, Daughter of Antarjyami Palo, aged 21 years, dependant, of Villagbe/Post-Pitala, P.s.-Aska, At present Utkal Cinema Road, At/ P.O./P.S.-Aska, District-Ganjam; ... ... Defendant Prayer "The plaintiff, therefore, prays that the Hon'ble court may be pleased to pass a decree in his favour and against the defendant.

(i) for divorce and dissolution of marriage, if any, between the parties.

(e) The defendant agreed before the gentlemen that she shall meticulously follow the terms and conditions as laid down above and in case of breach of conditions, she will have no right to demand anything in future from the plaintiff on any of the aforesaid accounts.

(f) The defendant will withdraw the suit O.S.32/88 today on the file of Subordinate Judge, Aska as not pressed.

(g) It is agreed that the copy of this compromise petition along with the court order will be given at Aska Police Station for information and a proper entry.