Aparajita Priyadarshini vs State Of Odisha

Mr. Sahoo, learned advocate appears on behalf of appellant-wife and submits, his client though had preferred appeal against judgment dated 17th May, 2022 of the Family Court but during pendency of it, there has been settlement between the parties. They have agreed for their marriage to be dissolved on, inter alia, permanent alimony being paid to his client at ₹10,00,000/- (rupees ten lakhs).

Mr. Senapati, learned advocate appears on behalf of respondent-husband and hands up demand draft no.230332 dated 26th

April, 2024 issued by UCO Bank in favour of appellant-wife at ₹10,00,000/- (rupees ten lakhs).

The parties file joint affidavit of date. Terms of their agreement/settlement are stated in the affidavit.

Parties are directed to approach the Family Court with joint petition for obtaining mutual divorce under section 13-B in Hindu Marriage Act, 1955. On approach, the Family Court need not detain itself for discharging duty to cause reconciliation as parties have already agreed. They will be entitled to make second motion for waiver as declared by the Supreme Court in Amardeep Singh v. Harveen Kaur, reported in (2017) 8 SCC 746, paragraphs 17 and 18.

It is expected that the Family Court will deal with the case expeditiously on its filing so that the appeal can correspondingly be disposed of within validity period of the instrument. Parties are also at liberty to approach before the Magistrate for causing case(s) to be dropped per their agreement stated in the joint affidavit.

List on 24th June, 2024.