SRI SHYAMA PRASAD TRIPATHY Vs. AISHWARYA SATPATHY

JUDGEMENT

(1.) IN this appeal, the appellants assail the order dated 18th May, 2010 passed by learned District Judge, Khurda at Bhubaneswar in Guardian Petition No.208/2008 declaring that the respondent -mother is entitled to have the custody of her son. The facts leading to filling of this appeal may be stated as follows : - The respondent filed a petition before the learned District Judge, Khurda, inter alia, pleading that she and appellant No.1 got married on 06.12.2000, which was duly registered. The couple led a happy conjugal life in the house of the appellants for some days. The respondent thereafter stayed at her place of posting in Chennai for about more than a year and appellant No.1 went to U.S.A. to his place of posting. Later they came to Bangalore, where they spent happy days together. They stayed in Bangalore for seven years.

(2.) DURING this period dissensions grew up between the parties. Appellant No.1 demanded a sum of Rs.10 lakhs from the respondent and when she was not able to comply with the same, she was ill -treated and tortured physically and mentally.

(3.) IN June, 2008 appellant No.1 came to Bhubaneswar with the child and stayed with his parents. On 14.6.2008 the respondent went to their house and requested them to return the child to her. They did not return the child and behaved her in a rude manner. In the same year the respondent filed a writ petition being W.P.(Crl.) No.338 of 2008 before this Court to get back the custody of the child. This Court directed respondent No.1 to pursue her remedy under the Guardians and Wards Act. When the respondent was at Bhubaneswar and demanded the custody of the child, appellant No.1 and his parents forced her for a divorce. Thereafter the respondent filed a case for custody of the child claiming to be the natural guardian and rightful custodian of the boy Arindam.