Research › Search › Judgment

High Court of Orissa · body

2019 DAILYLAW 698 (ORI)

DR.JAMI SRINIVAS KUMAR v. JAMI DEEPANJALI

MATA/60/2018 · 2026-02-02

Manash Ranjan Pathak, Sibo Sankar Mishra

body2019

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No. 23 of 2019 Jami Deepanjali & Another …. Appellants Represented by Adv.– Miss Pratyusha Naidu, Advocate -Versus- Dr. Jami Srinivas Kumar …. Respondent Represented by Adv.– Mr. Abhilash Mishra, Advocate MATA No. 60 of 2018 Dr. Jami Srinivas Kumar …. Appellant Represented by Adv.– Mr. Abhilash Mishra, Advocate -Versus- Jami Deepanjali & Another …. Respondents Represented by Adv.– Miss Pratyusha Naidu, Advocate MATA No. 125 of 2018 Dr. Jami Srinivas Kumar …. Appellant Represented by Adv.– Mr. Abhilash Mishra, Advocate -Versus- Jami Deepanjali …. Respondent Represented by Adv.– Miss Pratyusha Naidu, Advocate CORAM: HON’BLE MR. JUSTICE MANASH RANJAN PATHAK AND HON’BLE MR. JUSTICE SIBO SANKAR MISHRA Order No. ORDER 02.02.2026 (Hybrid mode) 20. 1. Heard Miss P. Naidu, learned counsel appearing for the appellant-wife and Mr. A. Mishra, learned counsel appearing for the respondent-husband. 2. Respondent-husband on 08.03.2011, filed a petition under Section 13(1)(i-a) & (iii) of the Hindu Marriage Act, 1955 in the Court of learned Family Judge, Visakhapatnam, being O.P. No.251/2011, against the appellant-wife for dissolution of their marriage solemnized on 30.09.2009 at Visakhapatnam. It is to be noted herein that out of their wedlock, a male child was born to them. 3. Pursuant to the direction of the Hon’ble Supreme Court dated 29.10.2012, said O.P. No. 251/2011 was transferred from the Court of learned Family Court, Visakhapatnam to the Court of learned Family Court, Berhampur, District Ganjam, wherein it was renumbered as Civil Proceeding No. 01/2013. 4. Respondent-wife, with her minor son, on 26.07.2011 filed a petition under Sections 18 & 20 of the Hindu Adoption and Maintenance Act, 1955 in the Court of learned Judge, Family Court, Berhampur, Ganjam being Civil Proceeding No. 175/2011 against the respondent-husband claiming monthly maintenance for herself and her son. 5. After hearing both the parties, by common judgment and decree dated 26.02.2018, learned Judge, Family Court, Berhampur- Ganjam dismissed the C.P. No. 01/2013 preferred by the respondent-husband and allowed the C.P. No. 175/2011 preferred by the appellant-wife, directing the respondent-husband to pay Rs.25,000/- (Rupees Twenty Five Thousand) in favour of the respondent-wife and her minor son w.e.f. the date of the said order dated 26.02.2018 and further directed the respondent-husband to clear the arrear maintenance passed by the said Court on 30.04.2012 within two months from the date of the said order dated 26.02.2018. 6. Appellant-wife with her son filed MATA No.23/2019, an application under Section 19 of the Family Courts Act read with Section 28 of the Hindu Marriage Act, 1955, against the respondent- husband to grant permanent alimony to them, at least Rs.50,000/- (Rupees Fifty Thousand) per month towards their maintenance. 7. Respondent-husband as the appellant filed MATA No.60/2018 under Section 19(i) of the Family Courts Act, 1984 against the appellant-wife and their son, being aggrieved with the judgment and decree dated 26.02.2018, learned Judge, Family Court, Berhampur-Ganjam, by which it allowed the C.P. No. 175/2011 of the appellant-wife, directing the respondent-husband to pay maintenance of Rs.25,000/- (Rupees Twenty Five Thousand) per month as well as arrear maintenance. 8. Respondent-husband as the appellant, also filed MATA No.125/2018 under Section 19 of the Family Courts Act, 1984 against the appellant-wife, being aggrieved with the judgment and decree dated 26.02.2018, wherein learned Judge, Family Court, Berhampur-Ganjam dismissed his C.P. No. 01/2013 rejecting his prayer for dissolution of marriage with the appellant-wife. 9. Learned counsels for the both the parties jointly submit that, during pendency of these appeals, the parties have amicably settled their long-standing disputes among them in terms of a written settlement agreement dated 01.08.2025 submitted before the Hon’ble Supreme Court. 10. It is seen that, in its order dated 8th December, 2025 passed in Criminal Appeal No. 5289 of 2025 (Special (Crl.) No.10682 of 2024), the Hon’ble Supreme Court have already taken note of the said settlement between the parties dated 08.12.2025. The Hon’ble Supreme Court in the said order dated 08.12.2025 have also observed that the appellant-wife has received the full settlement amount as specified in the said agreement dated 08.12.2025 and furthers observed that the parties have agreed not to initiate any further legal action against each other. 11. In view of the settlement arrived at between the parties and the order passed by the Hon’ble Apex Court noted above, learned counsels for the appellants as well as the respondent have filed their respective Memos seeking withdrawal of the above mentioned three matrimonial appeals. The copies of the Memos along with the copy of the judgments/orders of the Hon’ble Apex Court all dated 08.12.2025 placed before the Court today, are taken on record. 12. Accordingly, all the cases between the above named parties, pending before any other Courts shall stand dropped forthwith by the concerned Court(s) in seisin thereof, upon production of a certified copy of this order. Page 5 of 5 13. It is further directed that the concerned Court(s) in seisin of the matter(s) shall not insist upon filing of any further affidavit or petition by the parties and/or by either of the parties for the purpose of dropping the cases between them. 14. Invoking our powers under Section 107(1)(a), Section 107(2), and Order XLI Rule 24 of the Code of Civil Procedure, and in view of the amicable settlement entered into between the parties, we hereby grant an Appellate Decree of Divorce, thereby declaring dissolution of the marriage solemnized between the appellant- husband and respondent-wife on 30th September, 2009. 15. All the appeals are accordingly disposed of as withdrawn. 16. Registry shall forward the copy of this order to the learned Judge, Family Court, Berhampur to do the needful forthwith. (Manash Ranjan Pathak) Judge (Sibo Sankar Mishra) Judge Narayan