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Judgment
The proceeding today has been carried on in camera.
In terms of our order dated 24.01.2023, the appellant has appeared with her children namely, Barsharani Sahoo (daughter) and Binayak Sahoo (son).
We have interacted with the children and we have gathered the impression that their upbringing is being taken well care of by the appellant.
The appellant has stated that she has earning to maintain the children and provide them good education. We have also interacted with Sri Bansidhar Sahoo, the grandfather of the children who filed the Civil Proceeding No.191 of 2018 for the guardianship and custody of the children. By the impugned ex parte Judgment dated 27.04.2019, the appellant has been directed to handover the custody of the children to the respondent in the appeal.
We have interacted with the respondent. He has interacted sensibly. He has quite happily agreed to visit the children in the place of the appellant and to allow the children to visit him whenever they feel so. We have noted this outcome or our observation keeping our eye to the best interest of the child.
We have also requested the appellant and the respondent to maintain a cordial and warm relationship so that the children can have love and affection both from their mother and their grandparent. Both the appellant and the respondent have agreed to our suggestion that the children will live with the appellant until the final order is passed and the respondent shall be allowed to visit them in the place of the appellant and the children will be taken to visit the respondent in his residence.
We hope the bitterness, if any, between the appellant and the respondent is finally buried.
For passing the final order, let the appeal be listed again on 21. 03.2023.
Mr. C.R. Satapathy, learned counsel has appeared for the appellant whereas Mr. A.N. Samantray, learned counsel has appeared along with the respondent.
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