Hruday Ranjan Mohanta vs Pankajini Mohanta And Others
2025 Latest Caselaw 2180 Ori

Orissa High Court

Hruday Ranjan Mohanta vs Pankajini Mohanta And Others on 7 January, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         GUAP No.20 of 2024

     Hruday Ranjan Mohanta                 ...          Appellants
                                     Mr. A.K. Biswal, Advocate
                            -versus-
     Pankajini Mohanta and others ...                Respondents


                               CORAM:
                        JUSTICE G. SATAPATHY
                            ORDER(ORAL)

07.01.2025 Order No.

01. GUAP No.20 of 2024 & I.A. No.30 of 2024

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

2. This is an application U/S.47 of the Guardians and Wards Act, 1890 (in short, "the Act") by the father assailing the impugned judgment dated 19.11.2024 passed by the learned Judge, Family Court, Baripada granting custody of the female girl child aged about nine years to the Respondent No.1 (R1)-cum-mother in an application U/S.25 of the Act.

3. Mr. Anjan Kumar Biswal, learned counsel for the petitioner by inviting attention of the Court to the relevant part of the order passed in IA No.37 of 2021 submits that in fact the child was interested to stay with her father, but ignoring such fact, the learned trial Court has made the grant of temporary custody of the child for fifteen days as an absolute in the impugned judgment without giving visitation right to the

appellant-father and, thereby, depriving the appellant- father of the legitimate love and affection of his own daughter. Mr. Biswal accordingly prays to interfere with the impugned order.

4. In view of the aforesaid submission and after going through the impugned order as well as the impugned judgment, this Court does not wish to pass any order without seeking response of the R1-cum- mother. Accordingly, issue notice to R1-cum-mother by Speed Post/Registered Post with AD fixing a short returnable date. Requisites for issuance of notice shall be filed within three working days.

5. List this matter on 10.02.2025.

6. As an interim measure, visitation right is extended to the appellant-father on every 2nd Sunday of the month for one hour at the Lord Jagannath Temple situated in Badabazar, Baripada and, accordingly, R1-cum-mother or her representative shall bring the child (daughter) to the Lord Jagannath Temple in between 11 Am to 12 Noon for the visitation of the appellant.

(G. Satapathy) Judge

Subhasmita

Location: High Court of Orissa Date: 08-Jan-2025 17:48:22