Susanta Kumar Pal & Another vs Bidyanjana Das & Another
2025 Latest Caselaw 2065 Ori

Citation : 2025 Latest Caselaw 2065 Ori
Judgement Date : 3 January, 2025

Orissa High Court

Susanta Kumar Pal & Another vs Bidyanjana Das & Another on 3 January, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         GUAP No. 21 of 2024
       Susanta Kumar Pal & Another           ...           Appellants
                                          Mr. A.K. Biswal, Advocate

                                -versus-
       Bidyanjana Das & Another              ...          Respondents


                              CORAM:
                       JUSTICE G. SATAPATHY
                           ORDER(ORAL)

03.01.2025 I.A. No. 29 of 2024 & GUAP No. 21 of 2024 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This appeal U/S. 47 of the Guardians and Wards Act, 1890 by the Appellants seeks to challenge the impugned judgment dated 20.11.2024 passed by the learned Judge, Family Court, Baripada in G.M.C. No. 35 of 2023 refusing to grant custody of R-2 (Respondent No.2) to the Appellants.

3. Heard, Mr. Anjan Kumar Biswal, learned counsel for the appellants, who submits that although the R-1 has remarried after the death of the son of the Appellants, but the learned trial Court ignoring such facts has refused to grant custody of their grant child to them and therefore, the impugned judgment is unsustainable in the eye of law.

4. In view of the aforesaid facts and submission as advanced by the learned counsel for the appellants

and after having considered the challenge of the appellants, this Court does not wish to pass any order without seeking response from the respondents. Issue notice to R-1 by Speed Post/Registered Post with AD fixing a short returnable date. Requisites for issuance of notice against R-1 shall be filed within three working days.

5. List this matter on 7th February, 2025.

6. As an interim measure, the visitation right of the appellants as granted by the learned trial Court stood modified to the extent that the R-2 be produced in terms of the impugned judgment on every 2nd Sunday of the month for the purpose of visitation of the appellants for one hour.

(G. Satapathy) Judge

S. Sasmal

Location: High Court of Orissa Date: 06-Jan-2025 10:34:49