Arindam Sinha, J
1. Mr. Nanda, learned advocate appeared on behalf of appellant, who was husband in the marriage dissolved. He submitted, his client’s grievance against impugned judgment dated 14th March, 2023 of the Family Court is confined to permanent alimony directed thereby. He drew attention to paragraph 6.2 in the judgment to demonstrate that the Family Court took cognizance of fact that respondent was said by the bank to be wife of his client’s deceased brother. Money stands deposited and respondent, wife in the marriage dissolved and the son are nominees.
2. According to him, the Family Court took above fact into consideration for finding and holding cruelty, to dissolve the marriage. Having done so, said Court fell into error in thereafter providing for permanent alimony since, respondent-wife stands already provided for.
3. Drawing attention to paragraph 7 dealing with issue no.(iv) on maintenance, he pointed out that respondent had not disclosed anything before the Family Court while his client had. Considering the Family Court found sum of ₹16,50,287/- being available to her as well as moneys in the bank accounts wherein, inter alia, she is nominee, there be interference with the direction for permanent alimony at ₹10,00,000/-.
4. Mr. Jena, learned advocate appeared on behalf of respondent and submitted, his client has filed cross-objection. Unfortunately for her, she was prevented from contesting the civil proceeding. He submitted, impugned judgment be set aside on remand with peremptory direction for adjudication within one month. His client will comply and bring forth before the Family Court, the facts. Finding of cruelty against her is erroneous and will be demonstrated so.
5. On observations made having further heard the parties it transpires that impugned judgment is to be confirmed, to dispose of both the appeal and the cross-objection/appeal. In the peculiar facts and circumstances of the case we are not inclined to interfere in appeal with the direction for permanent alimony. Impugned judgment is confirmed.
6. After the judgment is delivered Mr. Nanda hands up demand draft no.161845 dated 3rd October, 2024 issued by UCO Bank in favour of respondent for ₹9,87,000/- along with, inter alia, counter foil of deposit made on 1st October, 2024 in account of respondent for ₹13,000/- (aggregate tender ₹10,00,000/-). Mr. Nanda submits further, there is a criminal case CT no.4599 of 2014 pending before the Sub-Divisional Judicial Magistrate, Bhubaneswar. Respondent be directed to withdraw the case.
7. Mr. Jena submits, he has instruction from his client to accept aggregate tender of ₹10,00,000/- (₹9,87,000/- by the demand draft and ₹13,000/- already deposited in his client’s account on 1st October, 2024) and acknowledge execution, discharge and satisfaction of the decree for permanent alimony, confirmed by us. He submits further, his client will take steps forthwith to cause withdrawal/dropping of the criminal case.
8. The draft is handed over to Mr. Jena, who puts his signature on copies of it and deposit challan dated 1st October, 2024, to duly acknowledge receipt on behalf of his client as execution, discharge and satisfaction of the decree for permanent alimony. As there has been payment of permanent alimony on the marriage dissolved, there shall be no further deduction from appellant’s salary, of interim maintenance at ₹13,000/- per month. Appellant has liberty to produce website copy of this order to the Drawing and Disbursing Officer/authority for necessary action, to stop future deduction.
9. The appeal is disposed of. The appellate decree be drawn up expeditiously.
……………………………..
