Jalendra Padhiary vs Pragati Chhotray

3. The facts of the case lie in a narrow compass and it would be clear from the facts stated hereinbelow.

4. The appellant is the plaintiff whereas the respondent is the defendant in the civil suit out of which this appeal arises. The dispute is between the husband and wife and it relates to award of permanent alimony payable to wife.

5. The appellant-husband filed a petition against the respondent-wife under Section 13 of the Hindu Marriage Act, 1954 (hereinafter referred to as “the Act”) before the Judge, Family Court, Bhubaneswar seeking decree for dissolution of marriage on the 2 grounds of desertion and cruelty. The respondent filed her written statement and denied the material averments of the appellant’s claim. On the basis of the pleadings and the evidence adduced by the parties, the Family Judge, by order dated 17.09.2014, allowed the petition and passed a decree of divorce by dissolving the marriage. The Family Judge also directed the appellant(husband) to pay permanent alimony of Rs.15,00,000/- and litigation expenses of Rs.10,000/- to the respondent(wife).

6. The appellant(husband), felt aggrieved by that part of the order of the Family Court by which the appellant was directed to pay permanent alimony of Rs.15,00,000/- to the respondent(wife), filed appeal before the Division Bench of the High Court. By judgment/decree dated 03.11.2014, the Division Bench of the High Court dismissed the appellant’s appeal and affirmed the order of the Family Court. 3

18. We cannot countenance the manner in which both the Courts passed the order which has compelled us to remand the matter to the Family Court for deciding the issue afresh on merits.

19. In the light of the foregoing discussion, we allow the appeal, set aside the impugned order of the High Court and the order of the Family Court insofar as it 8 relates to fixing of Rs.15,00,000/- towards payment of permanent alimony to the respondent(wife) by the appellant(husband) and remand the case to the Family Court to decide the quantum of payment of permanent alimony afresh in accordance with law keeping in view our observations made supra.

20. We, however, make it clear that we have refrained ourselves from making any observation on merits of the controversy while forming an opinion to remand the case to the Family Court for the reasons mentioned above. The Family Court would, therefore, decide the issue, uninfluenced by any of our observations, strictly in accordance with law. If necessary, the Family Court would also grant liberty to the parties to amend the pleadings and adduce evidence on the question of quantum of payment of permanent alimony.

21. The appeal is accordingly allowed. Impugned order of the High Court and the order of the Family Court insofar as it relates to fixation of permanent alimony of Rs.15,00,000/- are set aside with the aforesaid directions for compliance.

22. We direct the Family Court to decide the case within six months as an outer limit.

23. Till the disposal of the case, the appellant(husband) will continue to pay monthly maintenance amount, which was fixed by the Family Court, to the respondent regularly. Needless to say, the payment of monthly maintenance will be subject to the final determination made by the Family Court.

………………………………..J (R.K. AGRAWAL) …..………………………………J. (ABHAY MANOHAR SAPRE) New Delhi, April 17, 2018 10