Petitioner failed to disclose that the girl child resides with her mother, contrary to prior representations. Court found no merit, held petitioner at fault, warned him, and disposed of the petition without substantive hearing.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
WPCRL No.36 of 2022
Chandrakanta Nanda
..……. Petitioner
Mr. G.K. Tripathy, Adv.
State of Odisha & Others
-Versus- .……... Opp. Parties Mr. S.S. Kanungo, AGA
CORAM: JUSTICE S. TALAPATRA JUSTICE M.S. SAHOO
ORDER
18.07.2022
Order No. 07.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. In terms of the order dated 08.07.2022 both the girl and her mother are present before us. The girl has been staying with her mother since long. Through Mr. G.K. Tripathy, learned counsel appearing for the petitioner, this Court has been apprised that the petitioner was not aware of that fact. We are seriously disturbed by the conduct of the petitioner.
3. On two previous occasions, Mr. S.S. Kanungo, learned Addl. Government Advocate had categorically stated based on the police report that the girl has been staying with her mother. Despite that we had persuaded to pass the said order dated 08.07.2022.
4. We have interacted with the girl. She has clearly stated that she has been living with her mother. The mother is also present, as stated, and she has been recognized as the wife of the petitioner by the petitioner himself.
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5. In such circumstances, we do not find any merit in this petition. Accordingly, the same stands disposed of.
6. The petitioner has finally tendered unconditional apology for his conduct, which has been accepted by us with warning.
(S. Talapatra)
Judge
(M.S. Sahoo)
Rati Ranjan Judge
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1 issue framed by the court
Whether the petition should be allowed given the petitioner's failure to comply with the location of the girl child despite court orders.
Chandrakanta Nanda
State of Odisha & Others
S. Talapatra
M.S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
