Jagannath Patro vs Seema Patrao And Others Vs

The appeals pending since last 15 years arise out of three proceedings, those are C.P. No. 603 of 2004 filed under sections 18 and 20 of the Hindu Adoption & Maintenance Act by the respondents (wife and children) before the learned Judge, Family Court, Cuttack, taken up by the learned Family Court along with Civil Proceeding No.727 of 2004 filed under Section 9 of the Hindu Marriage Act, 1955 by the appellant-husband for restitution of conjugal rights and Civil Proceeding No.750 of 2006 filed under Section 13 of the Hindu Marriage Act, 1955 seeking decree of divorce by the respondent no.1-wife.

Amongst the present appeals, i.e., MATA No.5 of 2009 filed under Section 19 of the Family Courts Act brings into question, the order passed in C.P. No.603 of 2004 granting maintenance. The impugned order is quoted from the said judgment (order dated 13.01.2009) :

“The Civil Proceeding No.603/2004 is allowed on contest with cost. Respondent husband is directed to pay a sum of Rs.4000/- per month to the daughter petitioner no.2 towards her maintenance till her marriage, a sum of Rs.8,000/- to the wife petitioner per month for her maintenance and separate residence and a sum of Rs.3000/- per month to the son petitioner towards his maintenance, study expenses till his majority. All these payments are to be made from the date of application i.e. 24.09.2004 subject to adjustment of interim maintenance already paid in the court.”

Cross objection under Order XVI Rule 21 of the C.P.C. has been filed by the respondents in MATA No. 5 of 2009, seeking enhancement of the amount awarded as maintenance to them by the impugned order dated 13.01.2009 as indicated above.

The other appeal MATA No.7 of 2009 being taken up analogously has been filed challenging the self-same judgment and order dated 13.01.2009 that dismissed Civil Proceeding No.727 of 2004 filed by the husband under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights.

C.P. No.750 of 2006 filed by wife was partly allowed directing lump sum payment of marriage expenses to the daughter and rejecting the prayer for decree of divorce made by the respondent no.1-wife. The operative portion of the order in C.P.No.750 of 2006 is quoted herein:

“…The Civil Proceeding No.750/2006 is decreed in part. Respondent is directed to deposit a sum of Rs.5,00,000/-(Rupees Five lakh) in the name of the daughter Annie Patro in shape of Bank Draft payable at S.B.I., Main Branch, Cuttack within two months towards the marriage expenses of the daughter petitioner failing which penalty amount of Rs.8% will be charged per month on the marriage expenses till deposit of Rs.5,00,000/-. Respondent is directed to deposit lump sum study expenses of the daughter petitioner amounting Rs.3,00,000/- in shape of Bank Draft within two months since daughter petitioner prosecuted her Engineering Course at Coimbatore. So far as the prayer for decree of divorce the same is dismissed.”

After issuance of notice in the year 2009 by this Court, upon appearance of the respondents, the matter has been listed on several dates. By order dated 02.04.2014 a co-ordinate bench directed the matter to be placed for mediation before the mediator nominated by the Court. Thereafter, the matter was listed on several dates and the learned counsel for the respective parties did not appear. Vide order no.19 dated 06.10.2015 a co-ordinate bench passed the following order :

“After perusing the report of the mediator, we are of the opinion that this matrimonial appeal and the connected appeal, being MATA No.7 of 2009, have to be heard finally.”

Being directed by a co-ordinate bench by order No.31 the matter then travelled to the permanent and continuous Lok Adalat of this Court, listed on several occasions starting with 29.11.2021. By order No.38 the matter travelled back to the High Court to be listed before the regular assigned Bench. The matter came to be listed before this Bench on 07.07.2025 as a pending old matter, on which date this Bench directed the appellant to be personally present on 08.07.2025.

The appellant appeared on 08.07.2025 and on the said date the respondents were directed to be present in person on 10.07.2025. Today on 10.07.2025, the appellant and the respondent no.1-wife are present in person and were heard extensively. Learned counsel for the appearing parties were also heard at length. After rather prolonged interaction, being ably assisted by the learned counsel for the parties, this Court has been able to persuade both the appellant and the respondent no.1, who are senior citizens by now, not to live in their past acrimony. Upon interaction with the parties present, it is clearly evident that both the children, who are now grown up adults, apparently earning sufficiently, have become the bridges between the two estranged individuals. The respondent no.1-mother stays with the respondent no.3-son at Bhubaneswar and also at times at Hyderabad with the daughter respondent no.2.

The appellant stated before this Court regarding he having kept money as well as gold jewelry for marriage of respondent no.2 daughter, who has not yet married but may do so in future as per her choice. Two residential flats, one complete and occupied by the appellant and another for which conveyance deed is yet to be made, has been acquired by the appellant which he says will pass on to his children.

After the parleys under the aegis of the Court, the parties have agreed and have filed joint affidavit dated 10.07.2025 that will lead to the order disposing of all the appeals. Para-1 of the affidavit is reproduced herein :

“1. That we the Appellant and Respondent No.1 do hereby agree to close the Matrimonial dispute in MATA case No. 5 of 2009 on the following basis :-

(i) That the Appellant will pay a sum of Rs.25,000/-(Rupees Twenty five thousand) only by 5th of every month to the 2nd party i.e. the Respondent No.1 Seema Patro towards maintenance. Failing which the Appellant will pay an interest of 1% per month on maintenance amount of defaulted month.

(ii) That both have agreed to withdraw the allegation against each other made in the Learned Court below and the Judicial separation will continue till death of either party.” (sic)

The affidavit is taken on record.

Having considered the entire gamut of facts, the judgment passed by the learned Family Court, age and present financial condition of the parties, it is directed that appellant will pay a sum of Rs.25,000/- (Rupees Twenty five thousand) only by 5th of every month to the 2nd party i.e. the respondent No.1 Seema Patro towards maintenance. For non-payment of any monthly instalment the appellant will pay an interest of 1% per month on maintenance amount of defaulted month.

It is observed that both parties have agreed to withdraw all the allegations made against each other, in the pleadings/statements before the learned court below and before this Court in the appeals those are being dealt with.

It is further directed the observations of the learned Family Court, Cuttack in C.P. No. 603 of 2004 along with C.P. Nos. 727 of 2004 and 750 of 2006 attributed to any of the parties making allegations against each other stand obliterated/effaced.

It is hoped that parties shall rebuild their lives in their journey ahead in life.

The appeals along with the cross appeal stand disposed of accordingly.

Copies of this order shall be kept in all the appeals and the cross appeal as referred above and forwarded to the court below to be kept on record.

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