MANASMITA PARIDA Vs. RAJEN KUMAR PARIDA

JUDGEMENT

(1.) This appeal is against the order dated 20.07.2013 passed by the learned Civil Judge (Senior Division), Baripada in Guardianship Misc. Case No.97 of 2012 allowing the same and directing the Appellant No.1-mother to deliver the custody of the minor son, namely, Omm @ Rituraj Parida to Respondent-father. Appellant Nos.2 and 3 are parents of Appellant No.1.

(2.) On a petition filed by the minor's father under Section 25 of the Guardian and Wards Act, 1890 (for short, the Act), the Guardianship Misc. Case was registered. There is no dispute that the minor was born on 06.01.2007 out of the wedlock of the Respondent and Appellant No.1. When the child was about 5-6 months old, the mother joined in the S.C.B. Medical College, Cuttack to undergo nursing course leaving the child in her matrimonial home. In course of time, serious differences arose between the husband and wife leading to some legal proceedings. The wife lodged F.I.R. against her husband and in-laws which was registered as Betonati P.S. Case No.133 of 2011. When the husband and in-laws were arrested by the police, there was no one in the family to take custody of the child. So, it was given to the mother on 23.10.2011. After the husband was bailed out, he filed the application seeking return of the child to his custody. The mother objected to it.

(3.) The parties adduced evidence in the court of learned Civil Judge. The court after assessing the evidence available on record passed the impugned order directing the mother to deliver the custody of the minor in favour of the father after three months of the order observing that during the intervening period the father and the paternal grandmother of the child would pay visits to the house of the mother to mix with the child for the purpose of developing acquaintance with the child to which the mother should extend full cooperation.