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2016 DIGILAW 674 (ORI)

Subrat Kumar Pradhan v. Souravalaxmi Nayak

2016-08-23

BISWANATH RATH, VINOD PRASAD

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JUDGMENT : Biswanath Rath, J. Matrimonial Appeal No.113 of 2012 is filed by the husband-appellant (respondent in the court below) assailing the judgment dated 18.10.2012 passed by the Judge, Family Court, Bhubaneswar in Civil Proceeding No.39 of 2011, a proceeding under Sections 18 and 20 of Hindu Adoption and Maintenance Act,1956, whereby the court below while allowing the C.P.No.39 of 2011 at the instance of the respondents directed the appellant to pay maintenance to the respondent No.1 at the rate of Rs.12,000/-(Rupees Twelve thousand) per month and to the respondent No.2 at the rate of Rs.5000/-(Rupees Five thousand) per month from 14.9.2009 with a further direction to pay the arrear maintenance to the respondents within a period of two months. 2. Matrimonial Appeal No.122 of 2012 is at the instance of appellants-wife & daughter (petitioners in the court below) assailing the judgment dated 18.10.2012 passed by the Judge, Family Court, Bhubaneswar in Civil Proceeding No.39 of 2011 who have prayed for enhancement of maintenance amount to the tune of Rs.15,000/-(Rupees Fifteen thousand) for the wife and Rs.5000/-( Rupees Five thousand ) towards the daughter. 3. Similarly Matrimonial Appeal No.07 of 2013 is at the instance of the appellant-husband (petitioner in the court below) as against the respondent-wife (respondent in the court below) challenging the judgment dated 18.10.2012 passed by the Judge, Family Court, Bhubaneswar in C.P.No.629 of 2011, a proceeding under Section 13 of Hindu Marriage Act, 1955, whereby Judge, Family Court has dismissed the proceeding for a decree of divorce. 4. Since all the above three appeals arose out of common factual back drops and parties are common in all the three appeals, all the three matters are taken up together and is being decided in this common judgment. 5. After issuance of notice and on appearance of both sides, this Court at the first instance attempted for reunion of the parties. Consequently, this Court by order dated 29.4.2014 directed both parties to remain present in the Court on 02.7.2014, on which date both the spouses along with their respective counsels remaining present in the Court, expressed their desire to live together. Consequently, this Court by order dated 29.4.2014 directed both parties to remain present in the Court on 02.7.2014, on which date both the spouses along with their respective counsels remaining present in the Court, expressed their desire to live together. In order to find out the intention of the parties and to test the bonafideness, instead of disposing the matter on the said date, this Court directed the wife to join the company of her husband and simultaneously directed the husband to transfer a sum of Rs.7, 00,000/-(Rupees Seven Lakhs) in Fixed Deposit in the name of his wife and further directed both parties to appear in person in the Court on 14.7.2014. 6. Considering that both the parties not only have reunited themselves but also are living comfortably and showing utmost interest towards their only girl child, this Court by order dated 27.3.2015 while adjourning the matter to December, 2015 directed both the spouses to file an affidavit regarding their well being. In compliance with the above direction, both the spouses filed a joint affidavit on 15.12.2015 with undertaking therein as follows: “ Para-3: That in pursuance to constant efforts of this Hon’ble Court and Advocates of both parties and their well wishers, they are living together under one roof in order to maintain healthy conjugal life. Their girl child is also staying with them and prosecuting her study at Kendriya Vidyalaya, Sambalpur. Para-4: That the petitioner undertakes to take all care of the opp. party and the girl child with love and affection without any hindrance, so also the opp. party shall continue her regards love and affection towards the petitioner and his family members and relatives.” 7. Considering the submissions of the parties, their undertaking vide joint affidavit dated 15.12.2015 and after observing that both the husband and wife have not only been reunited in the mean time but also leading a happy conjugal life, this Court finds that nothing further survives to be adjudicated upon in these three appeals. 8. Consequently all the three appeals are disposed of recording happy reunion of the parties in between.