p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No. 53 of 2024 Debasis Mohapatra …. Appellant Represented by Adv.– Mr. Bibhuprasad Mohanty, Advocate -Versus- Lipina Barik …. Respondent Represented by Adv._ Mr. Rabindra Kumar Prusty, Advocate CORAM: HON’BLE MR. JUSTICE MANASH RANJAN PATHAK AND HON’BLE MR. JUSTICE SIBO SANKAR MISHRA Order No. ORDER 01.07.2026 (Hybrid mode) 02. 1. Heard learned counsel for the parties. 2. The appellant-husband initiated Civil Proceeding No.460 of 2018 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 seeking decree of divorce against the respondent-wife. The learned Judge, Family Court, Cuttack vide its judgment dated 30.09.2021 allowed the civil proceeding dissolving the marriage between the appellant-husband and respondent-wife and also directed the appellant-husband to pay Rs.2,00,000/- as permanent alimony to the respondent-wife. The respondent-wife assailed the aforesaid judgment and decree passed by the Judge, Family Court, Cuttack on 30.09.2021 in Civil Proceeding No.460 of 2018 by filing MATA No. 27 of 2023 before this Court. This Court, vide a detailed judgment dated 28.08.2023, partly allowed the appeal upholding the decree of divorce, however remitted the matter back to the learned Judge, Family Court, p. 2 Cuttack for determination of permanent alimony under Section 25 of the Hindu Marriage Act. On remand, the learned Judge, Family Court, Cuttack vide order dated 16.01.2024 in C.M.A. No. 124 of 2023 determined the permanent alimony at Rs.7,32,000/- to be paid to the respondent- wife by the appellant-husband within two months. The aforementioned order dated 16.01.2024 passed in C.M.A. No. 124 of 2023 is under challenge before this Court in the present appeal. 3. During pendency of the present appeal, on the intervention of this Court, the parties have entered into an out of Court settlement and reduced down in writing the settlement terms. In pursuance thereto, the appellant-husband and respondent-wife have filed a joint compromised affidavit, inter alia, agreeing as under:- “7. That both the parties submit that it is therefore, desirable and necessary that the marriage should be dissolved on the basis of the terms and conditions of compromise as stated below. TERMS OF COMPROMISE (i) For that both the parties pray that this Hon'ble court be pleased to dissolve the marriage solemnized between them on 26.02.2016 by a decree of mutual divorce. (ii) For that the husband/ will pay a sum of Rs.9,00,000/- (nine lakh only) as a full and final settlement amount for the maintenance of the wife as a permanent alimony. (iii) For that the total permanent alimony of Rs.9,00,000/- (Nine lakhs), to be paid by way of Bank draft in favour of the wife/Petitioner in the following manner a) A sum of Rs.2,00,000/- already paid through demand draft dt.22.11.2021 vide D.D. No.024652 of HDFC Bank b) A sum of Rs.3,00,000/- (Rupees three Lakhs) to be paid through demand draft dt. 05.01.2026 vide D.D. No. 135870 of "UNION p. 3 BANK OF INDIA" along with this application. c) The remaining amount of Rs.4,00,000/- (Rupees Four Lakhs) shall be paid on the date of appearance of both the parties before this Court for final disposal of the present proceeding. (iv) That the petitioner /wife shall not make any further /other claim in future from the opposite party /husband in connection with their matrimonial relationship towards her maintenance or permanent alimony. (v) The Opp. party wife will withdraw the following cases filed against the petitioner (Husband) in view of the above settlement. (A) D.V Case No 264/2018 pending in the Court of J.M.F.C, (CITY), Cuttack. (B) Cr. P. No 108/2018 U/s 125 of CR.P.C pending at Judge Family Court, Cuttack. (C) G.R Case No 1662/2018 (Arising out of Cuttack Mahila P.S Case No 78/2018 (Arising out of I.C.C Case No 756/2018)) now pending in the Court of the Learned S.D.J.M, Cuttack.” 4. In compliance of the aforementioned terms of settlement, the appellant-husband had already paid Rs.5,00,000/- to the respondent-wife in two installments, as per the terms contemplated in clause-7(iii) (a) and (b) of the terms of compromise affidavit. Today, a demand draft of Rs 4,00,000/- ( Rupees Four Lakhs) bearing no.135895 dated 03.03.2026 drawn in the name of the respondent-wife has been handed over to the respondent-wife, who is present in Court in person. The respondent-wife has received the demand draft and filed the acknowledgement to that effect. 5. On query from the Court, the respondent-wife has reiterated that she does not have any grievance left against the p. 4 appellant-husband and the conditions as contemplated in the terms of settlement has been complied by both the appellant-husband and respondent-wife. 6. In view of the aforementioned submissions made by the respondent-wife and in the light of the settlement terms, as has been placed on record by way of joint compromise affidavit, the present appeal is disposed of. (Manash Ranjan Pathak) Judge (Sibo Sankar Mishra) Judge Ashok MOHAPATRA