Nilamadhaba Sahu vs Manaswini Priyadarshini Mahana

Mr. Pradhan, learned advocate appears on behalf of appellant and submits, in spite of best efforts he could not establish contact with his client for compliance with direction to deposit for purpose of admission of the appeal.

By order dated 21st  September, 2023 made by a Bench, where one  of  us  (M.S.  Sahoo,J.)  was  party.  There  was  direction  on  the question of admission. Paragraphs-3 and 4 from said order are reproduced below.

“3. In response to our query, he has submitted that the appellant is agreeable to pay an amount of Rs.4,00,000/-towards permanent alimony apart from Rs.2,00,000/-which had been deposited in his account by father of the respondent.

Issue notice on the question of admission to the sole respondent subject to the appellant depositing an amount of Rs.4,00,000/- (Rupees Four Lakhs Only) towards permanent alimony and Rs.2,00,000/- (Rupees Two Lakhs Only), which he has been directed to return to the respondent, within a period of four weeks in the Registry of this Court. The amount deposited by the appellant shall be kept in an interest bearing fixed account with renewable clause.”

Appellant had filed the appeal in time. By impugned judgment dated 16th May, 2023 the marriage was dissolved and there was direction for payment of aggregate at ₹10,00,000/-. Appellant has statutory right of appeal but his submission and prayer for stay of operation of impugned judgment necessitated direction for deposit. Since appellant has not deposited, he is not entitled to interim order. However, his appeal needs to be heard.

Appellant will put in requisites for issuance of notice of appeal for service by registered/speed post with A.D.

The lower Court record be called for.

List on 15th  July, 2024.

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