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2016 DIGILAW 667 (ORI)

Bibhuti Prasad Acharya v. Rasmita Sahu

2016-08-22

K.R.MOHAPATRA, VINOD PRASAD

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JUDGMENT : K.R. Mohapatra, J. This appeal has been filed challenging the judgment dated 29.9.2014 passed by the learned Judge, Family Court, Berhampur, Ganjam in C.P. No. 242 of 2010 rejecting an application under Section 13 of the Hindu Marriage Act (for short ‘the Act’) filed by the appellant for divorce. 2. The marriage between the appellant, namely, Sri Bibhuti Prasad Acharya and the respondent, namely, Smt. Rasmita Sahu, was solemnized on 27.4.2009 as per Hindu Rites and Customs. Some dissensions arose between the parties for which the respondent started staying with her parents since 12.10.2009. The appellant allegedly sent a pleader notice on 18.3.2010 to the respondent for dissolution of the marriage mutually to which the respondent did not respond. Thus, an application under Section 13 of the Act was filed before the learned Judge, Family Court, Berhampur, which was registered as C.P. No. 242 of 2010. On contest, the application under Section 13 of the Act was dismissed vide judgment dated 29.9.2014 of the learned Judge, Family Court, Berhampur. Hence, this appeal has been filed. 3. In course of hearing of the appeal, this Court with a hope of reunion directed the parties to appear in person along with their counsel. Pursuant to the direction of this Court dated 26.2.2015, both the spouses along with their counsel appeared before this Court on 3.4.2015. After a long session of deliberation and hearing them at length, this Court directed the spouses to appear in person again on 30.4.2015 along with their respective parents. On 30.4.2015, both the spouses along with their parents appeared before this Court in person. After a long deliberation with them in open Court, this Court gave them further opportunity to resolve the dispute between them. Again the matter was adjourned to 27.7.2015 on which date both the spouses and their parents along with their respective counsel were directed to remain present. After several attempts and sincere endeavour by this Court, reunion of the spouses (parties to this appeal) was not successful. Thus, the matter was directed to be heard on merit. Accordingly, the appeal was listed for hearing on 4.8.2016 on which date both the spouses (parties to this appeal) filed a joint affidavit stating, inter alia, that there is an irretrievable breakdown of the marriage between the parties and several attempts for conciliation have already failed. Thus, the matter was directed to be heard on merit. Accordingly, the appeal was listed for hearing on 4.8.2016 on which date both the spouses (parties to this appeal) filed a joint affidavit stating, inter alia, that there is an irretrievable breakdown of the marriage between the parties and several attempts for conciliation have already failed. Thus, both of them agreed that the appellant would pay a sum of Rs. 20.00 lakhs (Rupees twenty lakhs) only to the respondent as permanent alimony. They also mutually agreed that there shall be no claim left between the parties against each other in any manner whatsoever. The respondent shall not raise any claim or right over the properties, both moveable and immoveable of the appellant or his parents and relatives in future. Thus, they prayed that their marriage may be annulled by a decree of divorce. In terms of said settlement made in the joint affidavit, the appellant, namely, Bibhu Prasad Acharya, tendered in Court a Bank Draft of Rs. 20.00 lakhs (Rupees twenty lakhs) bearing no. 501948 dated 30.8.2016 drawn on ICICI Bank (270), Berhampur in favour of the respondent (Rasmita Kumari Sahu). The said bank draft was handed over to the respondent in Court, who acknowledged the same. The matter again came up on board on 10.8.2016 for final adjudication. On that date, learned counsel for the respondent stated that the draft, which was tendered by the appellant (husband) and received by the respondent (wife), had been encashed and the respondent had received the money. Thus, learned counsel for both the parties submitted that they have no further claim against each other and the marriage may be dissolved by a decree of divorce. 4. On hearing the parties and in view of the joint affidavit filed as well as the submission made by the learned counsel for the parties and taking into consideration the fact that there is an irretrievable breakdown of marriage between the parties, this Court for the best interest of the parties feels it appropriate to dissolve the marriage by a decree of divorce. Accordingly, the impugned judgment dated 29.9.2014 passed by the learned Judge, Family Court, Berhmapur in C.P. No. 242 of 2010 is set aside and the marriage between the parties is dissolved by a decree of divorce with a permanent alimony of Rs. Accordingly, the impugned judgment dated 29.9.2014 passed by the learned Judge, Family Court, Berhmapur in C.P. No. 242 of 2010 is set aside and the marriage between the parties is dissolved by a decree of divorce with a permanent alimony of Rs. 20.00 lakhs (Rupees twenty lakhs), which has already been paid to the respondent (wife) in Court. Parties shall have no claim against each other. In consequence thereof, any proceeding pending before any other Court arising out of the matrimonial dispute between the parties is hereby quashed. The appeal is accordingly allowed, but in the circumstances, there shall be no order as to cost. L.C.R. be sent back forthwith. Vinod Prasad, J. I agree.