Subhashree Nayak vs Prasant Kumar Nayak
2025 Latest Caselaw 7507 Ori

Orissa High Court

Subhashree Nayak vs Prasant Kumar Nayak on 24 April, 2025

Bench: B.P. Routray, Chittaranjan Dash

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MATA No. 46 of 2024

                 Subhashree Nayak                  ....          Appellant
                                               Mr. B.P. Mohanty, Advocate

                                        -versus-
                 Prasant Kumar Nayak                ....      Respondent
                                               Mr. D.P. Dhal, Sr. Advocate


                                 MATA No. 85 of 2024

                 Prasant Kumar Nayak               ....          Appellant
                                               Mr. D.P. Dhal, Sr. Advocate

                                        -versus-
                 Subhashree Nayak                  ....       Respondent
                                               Mr. B.P. Mohanty, Advocate

                            CORAM:
               THE HON'BLE MR. JUSTICE B.P. ROUTRAY
            THE HON'BLE MR. JUSTICE CHITTARANJAN DASH

                                      ORDER

Order No.                            24.04.2025

  10.       1.      Heard Mr. B.P. Mohanty, learned counsel for the wife

and Mr. D.P. Dhal, learned Senior Counsel appearing for the husband, in both the cases.

2. Pursuant to our earlier direction dated 27.03.2025, both husband and wife are present in person along with the minor son. According to the submissions made on behalf of both the parties, the main issue is regarding custody of the minor child.

The minor son namely Purbansh Nayak is aged about 4 years, who is present in Court in the lap of his father, and his paternal grandmother is also present in the Court. The mother (wife), who is present in the Court, seeks visitation right immediately pending decision regarding the custody of the minor son in the Appeal.

3. Admittedly, the learned Judge, Family Court, Boudh vide judgment dated 17th November, 2023 passed in C.P. No.43 of 2022, has directed for handing over custody of the minor son to the mother immediately.

4. We have interacted with both husband and wife present in the Court. The husband is serving as a Teacher at Malkangiri and the wife is also serving as a Teacher at Boudh. The distance between the above two places is around 500 kilometers. It is true that the minor son is staying with his father and grandmother till date. So, taking note of the situation and the emotions attached by both the father (husband) and mother (wife) with the minor son, we feel it appropriate to direct for visitation right of the mother immediately. It is agreed by both the parties that the wife (mother) will visit to the house of the husband (father) at Malkangiri as and when she desires for association with her minor son. The husband (father) is directed to give free access to the wife (mother) during the time of her visit to be associated with the son without any restriction.

We also make it clear that the mother (wife) can visit for any number of times as per her sweet desire and convenience to meet her son. The husband (father) shall not put any hurdle on the visit of the mother (wife) for association with her son. We also make it clear that the husband (father) may bring the child to the residence of the wife (mother) at Boudh as per the convenience of the minor child as well as the wife (mother) to facilitate the mother for her association with the son.

5. List both the Appeals on 23rd June, 2025.

( B.P. Routray ) Judge

(Chittaranjan Dash) Judge

S.K. Parida

Location: ORISSA HIGH COURT, CUTTACK