The High Court disposed of a habeas corpus petition seeking custody of a minor daughter amidst marital discord. The Court directed reconciliation, directing the petitioner to rejoin her husband and daughter, and both parties to restore conjugal life.
Petitioner directed to join opposite party No.5 and minor daughter forthwith and live together.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.140 of 2022
Saswati Lopamudra ..……. Petitioner
Mr. Bijaya Kumar Behera, Advocate
-Versus-
State of Odisha & others ..…….. Opp. Parties
Ms. Saswata Patnaik
Addl. Government Advocate
(For O.Ps. No.1 to 4)
Mr. Alok Mohapatra, Advocate
(For O.P. No.5)
Mr. Saurav Das, Advocate
(For O.P. No.6)
CORAM:
JUSTICE S. TALAPATRA
JUSTICE SAVITRI RATHO
ORDER
20.12.2022
Order No.
1. This matter is taken up through Hybrid Mode.
2. In terms of our order dated 30.11.2022, the petitioner and the
opposite party No.5 have appeared in person with their minor
daughter, who is in the centre of the controversy.
Order No.
3. The petitioner and the opposite party No.5 are the spouses. Their matrimonial relation had faced tremors of misunderstanding, resulting in filing of NALCO Township P.S. Case No.214 of 2022.
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The petitioner had also approached the Child Welfare Committee,
Angul for getting back the custody of the minor daughter, namely Amaira Das, aged about 3 years. As nothing did happen as expected
by her, the petitioner has approached this Court by filing this writ petition for issuance of a writ of Habeas Corpus for restoring the custody of the minor daughter, as the minor daughter is admittedly in
the custody of the opposite party No.5, which according to the
petitioner illegal. With the cooperation of Mr. B.K. Behera, learned counsel appearing for the petitioner, Mr. Alok Mohapatra, learned counsel appearing for the opposite party No.5, Mr. Saurav Das, learned counsel appearing for the opposite party No.6 and Ms. Saswata Patnaik, learned Addl. Government Advocate appearing for the opposite parties No.1 to 4 and a protracted interaction, the petitioner and the opposite party No.5 have realized their mistakes and decided to live together by restituting their conjugal life at Bengaluru, where the opposite party No.5 is working presently. The petitioner is not working at present.
4. The parties had candidly expressed their apprehensions.
5. We find those apprehensions are the results of living
separately. Their passion for each other is alive.
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6. Both the parties have stated that they want to live their life happily by bringing up their minor daughter together and by providing her the best education and other facilities.
7. In view of the above development, we direct the petitioner to join the opposite party No.5 and her minor daughter forthwith without any delay and she should live with the opposite party No.5 at his place of work.
8. The opposite party No.5 is directed to behave sensibly and to take every care of the petitioner so that emotional distress the petitioner had gone through are healed quickly.
9. The mutual respect and trust is the foundation of happy marital life.
10. We hope that the parties will restore the bliss of their life without bringing avoidable tension into its fabric.
11. For that purpose, we direct the parties to bring an end to all litigations pending against each other in different fora or the Court.
12. We place our appreciation for Mr. B.K. Behera, learned counsel and Mr. Alok Mohapatra, learned counsel for their role in bridging the gap between the parties. We also place our appreciation for Ms. Saswata Patnaik, learned Addl. Government Advocate and
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Mr. Saurav Das, learned counsel appearing for the opposite party
No.6.
13. In terms of the above, this petition stands disposed of.
(S. Talapatra) Judge
(Savitri Ratho) Judge
Subhasis
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2 issues framed by the court
Whether to restore custody of a minor daughter to the petitioner distraught by a marriage dispute.
Whether to direct parties to reconcile and end pending litigation arising from domestic misunderstandings.
1 provisions across 1 enactments
Saswati Lopamudra
State of Odisha
S. TALAPATRA
SAVITRI RATHO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
