emphasis supplied The order of the Division Bench of the High Court reads as under After looking into the allegations made and pleadings taken by the parties, as recorded in the impugned judgment, which during the companyrse of argument companyld number be snipped, we do number find any reason to interfere with the amount of Rs.15,00,000/ awarded as permanent alimony to the wife by the learned Judge, Family Court.
The appellant is the plaintiff whereas the respondent is the defendant in the civil suit out of which this appeal arises.
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.
Against the order of the Division Bench of the High Court, the appellant husband has filed this appeal by way of special leave in this Court.
The facts of the case lie in a narrow companypass and it would be clear from the facts stated hereinbelow.
The respondent filed her written statement and denied the material averments of the appellants claim.
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 appellants appeal and affirmed the order of the Family Court.
Heard Mr. Kumar Gaurav, learned companynsel for the appellant and Mr. Radha Shyam Jena, learned companynsel for the respondent.
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 .
Having heard the learned companynsel for the parties and on perusal of the record of the case, we are companystrained to allow the appeal, set aside the impugned order as also the order of the Family Court to the extent it fixes the award of permanent alimony and remand the case to the Family Court for deciding the question of grant of permanent alimony payable to wife afresh on merits in accordance with law.
The dispute is between the husband and wife and it relates to award of permanent alimony payable to wife.
Abhay Manohar Sapre, J. Leave granted.
The petitioner is directed to pay permanent alimony of Rs.15,00,000/ and litigation expenses of Rs.10,000/ to the respondent.
This appeal arises from the final judgment and order dated 03.11.2014 passed by the High Court of Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2018.04.17 Orissa at Cuttack in M.A.T.A. No.113 of 2014 172235 IST Reason whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein in limine at the stage of admission, in companysequence, upheld the order dated 17.09.2014 passed by the Family Court, Bhubaneswar in Civil Proceeding No.24 of 2011.
A decree of divorce is passed and the marriage between the petitioner and the respondent is hereby declared dissolved with effect from the date of decree.
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 grounds of desertion and cruelty.
The operative portion of the order of the Family Court reads as under The petition of the petitioner is allowed on companytest in favour of the petitioner.
