Bhaskar Nayak vs Banishree Priyabadini

MATA No.213 of 2023 and I.A. nos.221 and 220 of 2023

Mr. Sibgatullah, learned advocate appears on behalf of applicant/appellant-husband. Mr. Mishra, learned advocate appears on behalf of respondent-wife.

The appeal has been filed on delay. The delay is 30 days. Mr. Mishra submits, it is actually 1388 days.

Impugned is judgment dated 22nd August, 2019 made by the family Court. Applicant/appellant-husband had filed for review. Time taken to dispose of the review stood excluded by the Stamp Reporter and on allowing the prescribed period, report is delay of 30 days.

We have perused causes shown. We accept them on condition that applicant/appellant-husband pays cost of ₹5 thousand. This is because him unsuccessfully filing for review prolonged the litigation and thereby caused suffering to respondent-wife. She must be compensated by cost.

The delay is condoned subject to payment of ₹5 thousand as cost to respondent-wife. It must be paid by 15th December, 2023. Applicant will produce the acknowledgement on adjourned date. The appeal is admitted and the application is disposed of.

Mr. Sibgatullah presses for stay of execution launched by respondent-wife regarding direction for permanent alimony at ₹10 lakhs. He submits, presently his client is unemployed.

The direction for payment of permanent alimony at ₹10 lakhs is akin to a money decree. Appellant will put in security by depositing ₹3 lakhs with Registrar (Judicial), who is to invest same by a short term interest bearing account in any nationalized bank, to be kept renewed and held in favour of the appeal.

There will be unconditional stay of Execution Case no.2 of 2020, pending in family Court, Bhubaneswar till 15th December, 2023. On the deposit made within that time, the stay will operate till disposal of the appeal. The application is disposed of.

List the appeal on 3rd January, 2024.

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