Remanded

Vikash Agarwal v. Sushree Suman Dash

Orissa HC4 Sept 2023WP(C)/2627/2023

Case brief

AI extract

What is this about?

The High Court of Orissa set aside a cryptic, non-speaking order of the Family Court, Bhubaneswar, which rejected a father's petition for extended visitation rights. The Court remitted the matter to the Family Court for fresh adjudication via a reasoned order after hearing both parties.

What did the court decide?

The impugned order dated 24th December, 2022 rejecting the petition dated 13th October, 2022 is set aside and the matter remitted to the Family Court, Bhubaneswar for adjudication afresh after giving

Vikash Agarwal Vs Sushree Suman Dash — Child Custody and Guardianship | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C). NO.2627 OF 2023 Vikash Agarwal ….

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…. Petitioner

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Miss Deepali Mahapatra, Advocate

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-versus-

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Sushree Suman Dash

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…. Opp. Party

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Mr. Devashis Panda, Advocate

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CORAM:

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JUSTICE K.R. MOHAPATRA

Order No.

ORDER 04.09.2023

This matter is taken up through hybrid mode.

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Order dated 13^th October, 2022 (Annexure-5) passed by learned Judge, Family Court, Bhubaneswar in C.P. No.194 of 2020 is under challenge in this writ petition, whereby an application (Annexure-5) filed by the Petitioner for visitation of the child at a place other than the child’s abode and extend the visitation hour, has been rejected.

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Miss Mahapatra, learned counsel for the Petitioner submits that learned Judge, Family Court, Bhubaneswar, while adjudicating the petition, did not at all take into consideration the assertions made in the petition dated 13^th October, 2022 (Annexure-5), whereby the aforesaid prayer was made.

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Learned Court was completely swayed away by the observations made in the order dated 22^nd October, 2022 and passed a cryptic order which is not sustainable in the eye of law. It is her submission that it is a clear case of parental alienation and it should be dealt with high degree of sensitivity. However, learned Judge, Family Court, Bhubaneswar rejected the petition in a very casual manner. Hence, she prays for setting aside the impugned order and direct learned Judge, Family Court,

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Bhubaneswar to consider the application dated 13^th October, 2022 (Annexure-5) afresh giving opportunity of hearing to the parties concerned by passing a reasoned order.

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Mr. Panda, learned counsel for the Opposite Party amongst other contents, submitted that the instant case is not at all a parental alienation, but is a parental estrangement because of the attitude of the Petitioner. He, however, submits that learned Judge, Family Court, Bhubaneswar, while adjudicating the petition dated 13^th October, 2022, should have been taken into consideration the assertions made in the petition and objection raised thereto.

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In view of the above, this Court has no other option than to set aside the impugned order being a cryptic and non-speaking one.

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Accordingly, order dated 24^th December, 2022 to the extent of rejecting petition dated 13^th October, 2022 is set aside and the matter is remitted to learned Judge, Family Court, Bhubaneswar for adjudication of the said petition afresh and dispose of the same by a reasoned order giving opportunity of hearing to the parties concerned.

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Accordingly, the writ petition is dispose of.

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Urgent certified copy of this order be granted on proper application.

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(K.R. Mohapatra) Judge

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Reason: Authentication Rojalin Location: HIGH COURT OF ORISSA, CU TTACK Date: 04-Sep-2023 18:48:17

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Vikash Agarwal v. Sushree Suman Dash

Case brief

What is this about?

What did the court decide?

Vikash Agarwal v. Sushree Suman Dash

Case brief

What is this about?

What did the court decide?

What the court decided

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