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Judgment
Mr. Mohapatra, learned advocate appears on behalf of appellant-wife/mother and submits, impugned is judgment dated 18th March, 2023 made under section 25 in Guardians and Wards Act, 1890. The family Court directed custody of the minor girl child, who is 8 years old, to be with respondent-husband/father. The judgment is result of incorrect appreciation of the evidence. He draws attention to paragraph-12 therein and points out, inter alia, there is erroneous finding that respondent has joint family consisting of 8 to 9 members and as such, it weighed with the learned Judge to direct his client to hand over custody to respondent-husband. He points out from evidence of P.W.2, landlord of respondent-husband that he was staying alone in the rented accommodation.
The landlord was party witness from side of respondent-husband. It is clear from his deposition that both the parties were staying together in the rented accommodation. Appellant-wife left and thereafter the deposition is that respondent-husband continued to reside on his own. On further scrutiny of paragraph-12 we do not see that the learned judge said respondent-husband was living in a joint family but only said he has a joint family consisting of 8 to 9 members. This does not appear to be inconsistent or an erroneous finding or appreciation of deposition dated 28th July, 2022 in cross-examination of P.W.2.
Mr. Mishra, learned advocate appears on behalf of respondent-husband. He relies on view taken by a learned single Judge of this Court on judgment dated 10th April, 2014 in F.A.O. no.545 of 2013 (Smt. Manasmita Parida and others v. Rajen Kumar Parida), inter alia, paragraph-8.
Section 25 provides for restoration of custody. We appreciate respondent-husband’s case made out to be that he is natural guardian under section 6(a) in Hindu Minority and Guardianship Act, 1956. Custody of his daughter has been taken away by appellant-wife, the daughter being more 5 years old. Hence, the proceeding was duly launched by his client, prior to civil proceeding subsequently launched for dissolution of marriage.
Parties are to get ready for final hearing and disposal of appeal.
List on 21st December, 2023. Interim order to continue till next date of hearing.
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