DEEPA NAYAK Vs. PITAMBER NAI

JUDGEMENT

(1.) Heard.

(2.) The brief facts of the case are that an application was filed under Sec. 25 of the Guardians and Wards Act, 1890 by the respondent/father seeking custody of the child namely Dheeraj Kumar, who was born on 12/12/2007. The background of the facts are that the appellant and respondent were married on 5/4/2007. They could not go along eventually a divorce by mutual consent was passed on 4/3/2013 and during such divorce proceedings it was agreed that the child would be in the custody of the mother/appellant herein. Subsequently, the instant application for custody of the child was filed after the child crossed 5 years on the ground that the mother is in company of different male and she used to travel along with other male member and the attire of the lady was not befitting to which would reflect that she had lost her chastity. So if the child is kept in her custody, there would be an ill effect to the mind of child as such the child be given in custody of father. It was also alleged that she was in illicit relation with one Vivek Sharma, therefore, for the welfare of the child, the application for custody was filed.

(3.) The respondent Pitamber Nai examined himself as AW-1, one Ravi Prakash Pradhan was examined as AW-2, Smt. Saraswati Sharma was examined as AW-3 and Deepak Kumar Sahu was examined as AW-4. While on behalf of appellant/mother, the appellant was examined as NAW-1, one Gaurhari Kewat was examined as NAW-2 and Kamal Kishore Nayak was examined as NAW-3. Learned Family Court, Mahasamud after evaluating the evidence directed the custody of the child to be handed over to the father. Therefore, this appeal.