JITENDRA BARIK Vs. KALIAPADA APAT

JUDGEMENT

(1.) The unsuccessful opposite party has called in question the judgment dated 20.12.2008 passed by the learned District Judge, Keonjhar in guardianship petition No. 10 of 2007 declaring the respondent to be the guardian of the person of minor girl child, Bhagyalaxmi Barik, then aged about 2 years and five months.

(2.) Heard the learned Counsel for the parties. Perused the impugned judgment.

(3.) The respondent as the petitioner filed a petition for appointment of guardian of minor Bhagyalaxmi Barik who happens to be the daughter of Monalisha Barik, the deceased daughter of the respondent. The appellant is the father of the Bhagyalaxmi. It is stated that she was born on 12.3.2005 and since then she has been brought up in the house of respondent who is the maternal grandfather. It is the further case that mother of Bhagyalaxmi after the marriage was not treated properly in the in-laws place and was tortured for which she was brought by the respondent and was treated. During then, Bhagyalaxmi was born. Though for the purpose of 'Namakaran', Monalisha and Bhagyalaxmi were left in the house of the appellant, then also tortured upon Monalisha did not come to an end and rather it was further mounted upon causing severe mental tension. On 1.9.2005, Monalisha died leaving the newly born daughter, Bhagyalaxmi. And ultimately she died on 1.9.2005. The respondent thereafter has been maintaining the child keeping her with him and in the meantime it is stated that appellant had married another woman and living together. An attempt being made by the appellant to take the girl child by filing an application in the Court of Sub-Collector, Pallahada by way of issuance of search warrant, however, the same did not ultimately succeed. It is further stated that Bhagyalaxmi is being maintained properly and provided with all other facilities and the appellant is not providing even any sort of financial or other help.