Santosh Lohiya Vs Raj Ku.Samanta

2 . Sri Santosh Lohiya, the appellant and Sri Raj Kumar Samanta the respondent in the appeal, both are present in person. They produce their respective identity proofs, which are verified by the Court Master and also copies thereof are kept on record.

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3 . The appeal has been filed challenging the judgment dated 06.12.2018 passed in CP No.103 of 2016 by the learned Judge, Family Court, Berhampur, Ganjam declaring the minor namely Rajveer Samanta, then aged about 6-7 years to be the natural son of Sri Raj Kumar Samanta, petitioner in the petition. The said petition was filed after unfortunate death of Smt. Swati Lohiya, wife of the opposite party-respondent U/s.38 of the Special Marriage Act, 1956 for custody of the minor child.

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4 . Both the parties being present in Court today file memorandum jointly together, stating therein that they do not want to proceed in the matter. Memo is taken on record.

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5 . The matter involves custody of a child. Now, the child is aged about 16 years and when the Civil Proceeding was filed in the year 2016, he was about 6-7 years. Date of birth of the child is stated to be 13.09.2009. Considering the fact that the matter involves welfare of a child, this Court asked the father of the child as well as the maternal grandfather, both of them have stated before the Court that the child is in good health and prosecuting his studies, his welfare and upbringing is looked after by both the appellant and respondent.

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6 . This Court takes note of the fact that in several instances matrimonial disputes have been resolved in Lok Adalat as has been directed by the Hon’ble Supreme Court in Asish Ranjan v. Anupama Tandon: (2010) 14 SCC 274 wherein a consent order dated 03.05.2008 was passed by the Supreme Court Lok Adalat as the matter was referred to the Lok Adalat when a transfer application was filed by one of the parties for transferring the matrimonial case by filing Transfer Petition (C) No.195 of 2008 seeking transfer of the case from Gopal Ganj (Bihar) to the Family Court, Ajmer.

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7 . Similarly in Neeti Malviya v. Rakesh Malviya: (2010) 6 SCC 413 , the Hon’ble Supreme Court had referred Transfer Petition (C) No.899 of 2007 to the Hon’ble Supreme Court Lok Adalat held on 25.04.2009. Before the Lok Adalat, it was reported that settlement has been arrived between the parties by agreement dated 24.04.2009 which was taken on record by the Hon’ble

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Supreme Court and the parties were directed to proceed in terms of the agreement.

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8 . Further, in Transfer Petition (C) No.445 of 2008 and 870 of 2007: (2009) 12 SCC 270: Alok Mishra v. Garima Mishra , a three Judges Bench of the Hon’ble Supreme Court referred the matter to the Supreme Court Lok Adalat held on 07.02.2009 wherein the settlement between the parties was reported and it was also recorded by the order of the Lok Adalat that the parties have resolved their dispute/differences and have agreed to dissolve their marriage on the terms and conditions agreed upon.

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