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Judgment
10 paragraphs · 355 wordsMr. Sahoo, learned senior advocate appears on behalf of respondent-husband. He hands up memo of date and memorandum for his appearance. The memo encloses Vakalatnama bearing endorsement of ‘no objection’ from erstwhile learned advocate engaged by said respondent. Also attached is demand draft no.582828 dated 9th April, 2024 issued by State Bank of India in favour of appellant-wife for ₹20,000/-.
Mr. Sahoo submits, by impugned judgment dated 21st January, 2023 (a common judgment) the marriage was dissolved without direction for payment of permanent alimony. There is no application in the appeal filed for direction upon his client to pay monthly maintenance at ₹20,000/-. He submits, the tender be not handed over to appellant-wife and the appeal listed for hearing, to achieve expeditious disposal.
Mr. Dash, learned advocate appears on behalf of appellant-wife and submits, as before, tender of the monthly maintenance be given to his client as she is in need of it.
In view of aforesaid we reproduce below paragraphs 2 and 3 from our order dated 5th April, 2024.
“2. Mr. Bhuyan, learned advocate appears on behalf of respondent-husband and submits, on 30th June, 2023 there was order made directing his client to pay interim maintenance of ₹20,000/- (rupees twenty thousand) per month. Appellant-wife is in wrongful occupation of his client’s place of residence, forcing him to stay in rented accommodation. To perpetrate the situation adjournments have been obtained thereafter, obstructing hearing of the appeal. He submits, there be direction for his client to deposit the interim maintenance in Court.
Respondent-husband will deposit interim maintenance of ₹20,000/-(rupees twenty thousand) for April, 2024 by demand draft issued in favour of appellant-wife, to be tendered on adjourned date, to Court.”
(emphasis supplied)
We see that the direction in above order for the tender to be made to Court. The demand draft be kept in the file. While Mr. Dash wants hearing of the appeal after ensuing vacation, Mr. Sahoo reiterates, the appeal be listed for hearing as soon as possible.
By consent, list along with the tagged appeal (MATA no.129 of 2023) for hearing on 8th May, 2024.
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