Sureiya Khatun Ruhi vs Md. Tousif Alam
2023 Latest Caselaw 12117 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 MATA No.144 of 2022


             Sureiya Khatun Ruhi                   .........            Appellant

                                              Mrs. Ruchi Rajgarhia, Advocate


                                      -Versus-


             Md. Tousif Alam                       .........         Respondent

                                        Mr. Manas Kumar Chand, Advocate


                  CORAM:
                  JUSTICE ARINDAM SINHA
                  JUSTICE SIBO SANKAR MISHRA

                                             ORDER

06.10.2023 Order No.

10. 1. Mrs. Rajgarhia, learned advocate appears on behalf of appellant.

She submits, the appeal has been preferred against impugned judgment

dated 10th May, 2022 denying her client custody. Two grounds were held

against her. Firstly, she did not have the means to support the girl child and

secondly, the girl child might have attained puberty. The financial

degradation has been compounded by respondent-husband's non-

compliance of order for payment of maintenance. The girl is only nine

years old and studying in class-IV. She seeks interim intervention, pending

hearing of the appeal.

2. Mr. Chand, learned advocate appears on behalf of the respondent-

husband. He submits, the mother has no real claim for custody and that has

been seen through by the Court below on delayed approach by her. He

opposes the appeal.

3. Submission at the Bar is that the child is present in Court pursuant

to direction in order dated 21st September, 2023 made by coordinate

Bench. So also are present appellant and respondent-husband. We have

seen the child in Court. That is sufficient. Presence of the child and the

parties in future is excused.

4. Parties are to come ready for hearing and disposal of the appeal

on adjourned date.

5. List on 17th October, 2023.

(Arindam Sinha) Judge

(S.S. Mishra) Judge

Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A.

Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 06-Oct-2023 15:12:40