Monalisa Das vs Gejendra Kumar Dash
2023 Latest Caselaw 14597 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               MATA No. 133 OF 2023

            Monalisa Das                          ....           Appellant

                                          Mr. K. K. Mohapatra, Advocate
                                      -versus-

            Gejendra Kumar Dash                   ....         Respondent

                                             Mr. B. K. Mishra, Advocate


                    CORAM:
                               JUSTICE ARINDAM SINHA
                               JUSTICE SIBO SANKAR MISHRA
                                      ORDER

14.11.2023 Order No.

04. 1. Mr. Mohapatra, learned advocate appears on behalf of

appellant-wife. He submits, his client is aggrieved by judgment dated

18th March, 2023 made by the Family Court on the application of

respondent-husband under, inter alia, section 25 in Guardians and

Wards Act, 1890. Mr. Mishra, learned advocate appears on behalf of

respondent-husband.

2. On query from Court we are told that civil proceeding for

divorce filed by respondent-husband is pending in the Family Court,

meantime impugned judgment directing appellant-wife to give custody

of the child to the respondent-husband. On further query from Court

// 2 //

Mr. Mohapatra submits, the child is still with his client. She is a girl

aged 8 years.

3. Reasons for impugned judgment is in paragraph-12 thereof.

4. We may be yet further query from the learned advocates. We

here ascertained that there was no appointment of guardian from

amongst to the parents being appellant-wife and respondent-husband.

As such, the respondent-husband was seeking interim order in respect

of custody pending the divorce proceeding. Hence, the application

mentioned an incorrect provision of law in as much as section 26 in

the Act of 1860 does not apply but section 26 in Hindu Marriage Act,

1955, does.

5. List on 11th December, 2023 for hearing and disposal.

(Arindam Sinha) Judge

(S.S. Mishra) Judge Swarna

Signature Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 15-Nov-2023 10:42:29