RENUBALA MOHARANA Vs. MINA MOHANTY

JUDGEMENT

(1.) Leave granted.

(2.) The appellants herein filed a petition before the Family Court, Cuttack describing it as a petition under Section 7 of the Guardians and Wards Act read with Section 7 of the Family Courts Act. The prayers made therein are as follows :

(3.) According to the petitioners, their son, named Samuel Maharana developed intimacy with the first respondent- Mina Mohanty and both of them lived together in the Departmental Quarter allotted to Samuel Maharana. On account of their cohabitation, a male child was born to them on 25th January, 1991. Samuel Maharana and Respondent No.1 named the child as Pallav Pratik Maharana alias Pupun. However, the first respondent got the birth certificate issued by the hospital showing the childs name as Partha Sarathi Patnaik and Kanhu Charan Patnaik as his father. It is alleged that the first respondent - Mina Mohanty, though married to the second respondent-Kanhu Charan Patnaik, they were living separately from 1987. Samuel Maharana died on 7th November, 1994 under mysterious circumstances. After the death of Samuel, the 2nd respondent executed a document accepting that Pupun was born through Samuel and disclaiming his parentage. After some time, the custody of the child was entrusted to the appellants and Respondent No.1 was frequently visiting the house of the appellants to see the child. On one such occasion i.e., 1st April, 1995, the first respondent sent one of her relations to bring the child to her place with a promise to send him back on the next day. From then onwards, the child was kept out of the reach of the appellants. A notice was sent by registered post on 22nd September, 1995 to send back the child. However, it was returned undelivered. Hence the petition was filed as aforesaid in the Family Court.