KSHMANIDHI MEHER Vs. STATE OF ODISHA

JUDGEMENT

(1.) Ms. Mahapatra, learned advocate appears on behalf of petitioner. She submits, her client is the father. Opposite party no.6 is the wife. She left and made false complaint for the police to act under Sec. 498-A in Indian Penal Code, 1860. She then married opposite party no.7. In the circumstances, her client being the natural guardian under Sec. 6(a) in Hindu Minority and Guardianship Act, 1956 is entitled to have the child produced from custody of opposite party nos.6 and 7. Date of birth of the boy is 12/10/2011 and he is more than 5 years old.

(2.) She relies on judgment of the Supreme Court in Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari, reported in (2019) 7 SCC 42, paragraph 14. The paragraph is reproduced below.

(3.) Mr. Das, learned advocate, Additional Government Advocate appears on behalf State and submits, the mother is represented.