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2016 DIGILAW 673 (ORI)

Himansu Bhusan Das v. Sunita Das @ Pattanaik

2016-08-23

BISWANATH RATH, VINOD PRASAD

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JUDGMENT : Biswanath Rath, J. This Matrimonial Appeal is at the instance of the appellant-husband against the respondent-wife challenging the impugned judgment dated 01.10.2012 passed by the Judge, Family Court, Bhubaneswar in C.P.No.529 of 2011 dismissing the proceeding for divorce initiated by the appellant along with a direction to the husband to pay a sum of Rs.20, 000/-(Rupees Twenty thousand) to the wife towards litigation expenses. 2. Bereft of unnecessary details the short back ground involved in this case is that husband as petitioner had initiated Civil Proceeding No.529 of 2011 under Section 13 of the Hindu Marriage Act,1955 seeking a decree of divorce against the wife-respondent before the Judge, Family Court, Bhubaneswar with allegations of cruelty and desertion at the instance of the wife. Civil Proceeding No.529 of 2011 was dismissed, as above, generating instant appeal at the instance of the husband. 3. Following the appearance of respondent-wife in this appeal, in an attempt for reunion between the parties by this Court, the wife made a clear statement that she does not want to stay with the husband. On refusal of the wife to join the company of the husband and looking to the status of the parties, the matter was adjourned to 15.12.2015 with a direction to the wife to file an affidavit indicating that she does not want to stay with the husband and litigations initiated by her shall be dropped by passing a decree of divorce. Basing on such direction, the husband and wife filed Miscellaneous petition No.42 of 2016 with joint affidavit making clear statements therein as follows: “ Para-3: That it is agreed between the parties that marriage shall be terminated by mutual consent. To that effect the husband-appellant shall pay an amount of Rs.10,00,000/-(Rupees Ten lakhs) towards full and final settlement amount (permanent alimony) over and above the amounts already been paid to the wife for herself and their minor child. Para-4: That it is further agreed by the respondent – wife that she will take effective steps for dropping of all the proceedings against appellant-husband, initiated at the instance of wife-respondent pending before different forums in order to maintain peace and harmony life. Para-5: That, it is agreed by the parties that the husband-appellant shall pay the alimony amount to the wife-respondent in installments amounting Five lakhs each. Para-5: That, it is agreed by the parties that the husband-appellant shall pay the alimony amount to the wife-respondent in installments amounting Five lakhs each. Further more the parties shall abide by the terms and conditions fixed by the Hon’ble Court. Para-6: That this joint petition has been filed by the parties as per their version placed before the Hon’ble Court for purpose of passing a decree of divorce by way of mutual consent. “ 4. Following filing of such joint application and as agreed upon between the parties herein has facilitated this Court for passing a decree of divorce subject to payment of Rs.10,00,000/-(Rupees Ten lakhs) as permanent alimony to the wife over and above a sum of Rs.7, 00,000/-(Rupees Seven Lakhs) already paid to the wife with further undertaking by the wife to withdraw other case(s) involving them. 5. Following the agreement between the parties, as above, the husband tendered a Draft of the State Bank of India dated 04.3.2016 of Rs.5,00,000/-(Rupees Five lakhs) in the name of wife-Sunita Das and the draft was released in favour of the wife. While postponing the matter to 08.7.2016, this Court directed the husband to come up with the residual amount of Rs.5,00,000/-(Rupees Five Lakhs) on 08.7.2016. When the matter was taken up on 11.7.2016, the husband tendered three Bank Drafts bearing No.002361 from Axix Bank Limited dated 24.6.2016 of an amount of Rs.1,00,000/-(Rupees One Lakh), No.277862 from State Bank of India dated 04.7.2016 of an amount of Rs. 3,50,000/-(Rupees Three lakhs fifty thousand)and No.733624 from State Bank of India dated 08.7.2016 of an amount of Rs.20,000/-(Rupees Twenty thousand). All the three Drafts were released in favour of the wife. Parties on their appearance on 02.8.2016 in the Court contended that there has been full payment of the permanent alimony as agreed between them in the mean time and they have no further dispute amongst them. 6. Considering the submissions of respective parties, looking to the final agreement between both parties in a joint petition vide Miscellaneous Case No.42 of 2016 agreeing thereby for having a decree of divorce with resolution of all the disputes between them and compliance thereof, this Court while disposing this Matrimonial Appeal, pass a decree of divorce between the appellant and respondent and as desired by both the parties, quash all proceedings pending between them in any forum. Henceforth, wife will have no claim against the husband or his estate under any law whatsoever. 7. Matrimonial Appeal stands allowed, as hereinabove. Parties to bear their respective costs.