|HC of ORISSA, CUTTACK|
2017-08-11S.A. No 338 of 1999J.R.K. RathPrasanta Kumar Mishra vs Suryamani MishraHMA 13B
Conceiving Another Fellow's Kids and Suicide Threats amount to Cruielty - Divorce granted
1) On a cursory perusal of the plaint, it is evident that the plaintiff pleaded that the respondent had threatened to commit suicide and the respondent had disclosed that she had conceived before marriage. The plaintiff in his evidence had stated that five months after, the respondent insisted him for staying separate. When he refused, she threatened to commit suicide. She had even attempt to commit suicide. In cross-examination, the respondent admitted that there was a quarrel between her and her husband. On 28.02.1992, she disclosed that she was conceived through other. What more is required to prove the mental cruelty ? The plaintiff will suffer the ignominy throughout his life. He cannot live in peace.
2) The next question crops up as to the amount the respondent is entitled to towards permanent alimony. In course of hearing, an affidavit has been filed by the appellant-plaintiff stating therein that he has paid an amount of Rs.93,100/- towards maintenance to the respondent. During conciliation, he offered an amount of rupees three lakhs towards permanent alimony. But the conciliation failed. He filed the salary slip of April, 2017 issued by the Manager (Personnel) Ananta OCP, Mahanadi Coalfields Limited. The same indicates that he is getting Rs.41,203/- towards salary. When the suit was filed in the year 1993, the respondent was 23 years of age. She is at present 47 years. Considering her age and status of her husband, this Court feels that ends of justice shall be better served, if an amount of Rs.12,36,000/- (rupees twelve lakhs thirty-six thousand), i.e., 25% of the salary x 12 x 10 years is granted to the respondent towards permanent alimony.
3) In the result, the judgments and decrees of the courts below are set aside. The plaintiff’s suit is decreed. The appeal is allowed to the extent indicated above. No costs.DOWNLOAD | GOOGLE DOCS | VIEW