Maternal grandparents sought habeas corpus to restore custody of two minor girls whose mother had died. Noting their earlier review of a habeas corpus order was withdrawn with liberty to approach the appropriate custody forum, the Division Bench held the writ court is not that forum and disposed of the petition.
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Signature Not Verified
Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication IN THE HIGH COURT OF ORISSA AT CUTTACK Location: ohc Date: 14-May-2024 17:30:38 WPCRL No.58 of 2024
WPCRL No.58 of 2024
Nirupama Das and another .....
Petitioners
Represented by Adv.Mr. Manas Chand, Advocate
-versus-
State of Odisha and others
.....
Opposite Parties
Represented by Adv.Mr. A.K. Sharma, AGA
CORAM:
THE HON'BLE MR. JUSTICE ARINDAM SINHA
AND
THE HON'BLE MR. JUSTICE M.S. SAHOO
ORDER
14.05.2024
Order No.
01. 1. Mr. Chand, learned advocate appears on behalf of petitioners,
who are maternal grandparents of two minor girls born to their
daughter, since deceased. Opposite party no.3 was married to their daughter.
2. Submission is, the grand children were with petitioners.
Suppressing material facts opposite party no.3 had earlier moved this Court and purportedly obtained rescue. This could be done because petitioners and opposite party no.3 live in the same
Page 1 of 4
Signature Not Verified
Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: ohc Date: 14-May-2024 17:30:38
neighborhood. Petitioners on coming to know of the suppression
and the order obtained, applied for review by RVWPET no.8 of
2023 (Nirupama Das and another v. Asit Kumar Nandi and others). Mr. Chand draws attention to order dated 17th February, 2023 in the review and ultimately disposal of it by order dated 5th April, 2024, quoted in paragraph 7. The quote is reproduced below.
1. Mr. Manas Kumar Chand, Learned Counsel for the Petitioners seeks permission to withdraw this application with a liberty to approach the appropriate forum in accordance with law for securing custody of the Children.
2. This application stands disposed of with the aforesaid liberty.
Sd/ Chief Justice
In the circumstances, his clients are before this Court with their writ petition for issuance of habeas corpus, to restore custody of the grand children to petitioners.
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Signature Not Verified
Digitally Signed Signed by: JYOSTNARANI MAJHEEReason: Authentication 3 . Mr. Sharma, learned advocate, Additional Government Location: ohc Date: 14-May-2024 17:30:38
Advocate appears on behalf of State.
4 . The review was in respect of order dated 9th January, 2023 made by co-ordinate Bench in WPCRL No.178 of 2022 (Asit Kumar Nandi v. State of Odisha and Others). Text of the order is reproduced below.
2. It is stated by Mr. D. Nayak, learned Additional Government Advocate that the minor daughter of the petitioner, who got missing has returned to home.
3. Mr. U.C. Dora, learned counsel appearing for the petitioner has supported such statement and in such, the Writ Petition in the nature of Habeas Corpus has become infructuous.
4. Accordingly, the WPCRL is dismissed as infructuous.”
Review made thereafter was disposed of in view of permission to
withdraw it sought by petitioners, to enable them to approach appropriate forum in accordance with law for securing custody of the children. It is obvious, the writ Court dealing with the review in respect of writ petition for Habeas Corpus referring to appropriate
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Signature Not Verified
Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: ohc Date: 14-May-2024 17:30:38
forum meant and means, the forum where petitioners can file for
custody. The writ Court is not the forum.
(Arindam Sinha)
Judge
Jyostna/Radha
Judge
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1 issue framed by the court
Whether a writ court exercising habeas corpus jurisdiction is an appropriate forum to decide custody of minor children.
Nirupama Das
State of Odisha
Arindam Sinha
M.S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
