The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No.133 of 2023 Monalisa Das Gajendra Kumar Dash -Versus- …. …. Appellant Respondent Advocates appeared in this case: For Appellant : Mr. Kshitish Kumar Mohapatra, Advocate For Respondent : Mr. Bijay Kumar Mishra, Advocate CORAM: JUSTICE ARINDAM SINHA JUSTICE M.S. SAHOO J U D G M E N T --------------------------------------------------------------------------- Dates of hearing: 15th December, 2023 and 29th January, 2024. Date of judgment: 29th January, 2024. -------------------------------------------------------------------------------- ARINDAM SINHA, J. 1.
Legal Reasoning
Mr. Mohapatra, learned advocate appears on behalf of appellant-wife/mother and submits, impugned is judgment dated 18th March, 2023 made under section 25 in Guardians and Wards Act, 1890. The family Court directed custody of the Page 1 of 11 minor girl child, who is 8 years old, to be with respondent- husband/father. The judgment is result of incorrect appreciation of the evidence. He draws attention to paragraph-12 therein and submits, inter alia, there is erroneous finding that respondent has joint family consisting of 8 to 9 members and as such, it weighed with the learned Judge to direct his client to hand over custody to respondent-husband. He points out from evidence of P.W.2, landlord of respondent-father that he was staying alone in the rented accommodation. 2. Mr. Mohapatra relies on several judgments. (i) Judgment of the Supreme Court in Smt. Surindar Kaur Sandhu v. Harbax Singh Sandhu, reported in