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2025 DAILYLAW 32040 (ORI)

DIPTIMAYEE NATH v. PRASANNA KUMAR NATH SHARMA

TRP(C)/111/2024 · 2025-07-14

Sanjay Kumar Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.111 of 2024 Diptimayee Nath …. Petitioner Ms. S. Jena, Advocate -versus- Prasanna Kumar Nath Sharma …. Opposite Party Mr. D.P. Das, Advocate CORAM: JUSTICE SANJAY KUMAR MISHRA Order No. ORDER 14.07.2025 05. This matter is taken up through hybrid mode. 2. Pursuant to order dated 26.09.2024, though the learned Mediator has submitted a report on 26.11.2024 indicating therein that the mediation became unsuccessful, both the Petitioner-Wife and Opposite Party-Husband are present today in the Court along with their Counsels. 3. A joint affidavit has been filed by the Petitioner and the Opposite Party indicating therein that there would be dissolution of marriage so also end of multiple litigations pending between the parties as per the terms detailed in para 6 of the said joint affidavit, which is extracted below:- “6. i) Opposite Party would pay a sum of rupees to the petitioner towards full and final permanent alimony of Rs.1,00,000/- (Rupees One Lakh)only. ii) Parties shall not bring any litigation against each other in future. iii) Either party shall not lay any claim from the movable and immovable properties of the other. iv) Pursuant to this compromise both the parties agree to take steps to withdraw the case filed against each other. Petitioner shall withdraw G.R. case 77 of 2022 (arising out of Derabish P.S. case No. 8 of 2022)pending before the p. 2 Court of the learned S.D.J.M., Kendrapara & CRP. No. 145 of 2022 pending before the Judge, Family Court, Bhubaneswar have been filed by the petitioner- wife. Husband -opposite party has also filed C.P. No. 359 of 2023 pending before the learned Judge, Family Court, Kendrapara. v) Either party shall not have liberty to withdraw from the terms and conditions mention in the compromise petition. vi) Parties shall not have any claim whatsoever against each other on any Court. vii) That, there is no inducement or force to fear or pressure by anybody bring about the compromised. viii) That after such compromised it was further stipulated that the parties will be at liberty to take their future course of action including remarriage as desired by the parties independently.” 4. So far as G.R. Case No.77 of 2022 (arising out of Derabish P.S. Case No.08 of 2022), which is pending in the Court of the S.D.J.M., Kendrapara, in order to bring an end to the said case, the parties may do the needful in the said case in accordance with law, apart from withdrawing Cr. P No.145 of 2022, pending at the instance of the Petitioner-Wife, so also C.P. No.359 of 2023, pending before the Judge, Family Court, Kendrapara at the instance of the Opposite Party-Husband. 5. With the said observation, the transfer petition stands disposed of. Banita (S.K. MISHRA) JUDGE Designation: SR. STENOGRAPHER