Decided on October 15,2020

Ashok Kumar Padhee Appellant
Ajaya Kumar Nanda And Three Others Respondents


K.R. Mohapatra, J. - (1.) Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.
(2.) The petitioner in this CMP assails the order dated 28.08.2018 (Annexure-2) passed by learned District Judge, Jharsuguda in C.S. (Guardianship) Case No. 05 of 2015, whereby learned District Judge allowed the petition filed by the opposite party no.1, namely, Ajaya Kumar Nanda (petitioner therein) to take his son (Rihan Kumar Nanda) to his custody and directed the petitioner and proforma opp. parties 2 and 3 to give Rihan Kumar Nanda (for short 'the child') to the custody of opposite party no.1 within one month from the date of the said order.
(3.) Short narration of the fact necessary for proper adjudication of the case is that the opposite party no.1 married the second daughter of the petitioner, namely, Lipika, on 05.12.2013 as per the Hindu Rights and Custom. After marriage, she was living with the opposite party no.1 at Jharsuguda. Out of their wedlock, they were blessed with a male child, namely, Rihan Kumar Nanda, on 26.09.2014. But, unfortunately, the wife (Lipika) of opposite party no.1 died on 03.10.2014 at District Headquarters Hospital, Jharsuguda. After the death of his wife, an F.I.R. was lodged against the opposite party no.1 by his in-laws, which was registered as Jharsuguda P.S. Case No. 372 of 2014 corresponding to G.R. Case No. 1382 of 2014. Thereafter, the opposite party no. 1 was taken into custody in connection with the aforesaid case and the child (Rihan Kumar Nanda) remained in the custody of the petitioner as well as opposite parties 2 and 3, who are his maternal grandparents and maternal uncle respectively. After being released on bail, the opposite party no. 1 filed a petition under Section 6 of the Hindu Minority and Guardianship Act, 1956 (for short 'the Act'), which was registered as C.S.(Guardianship) Case No. 05 of 2015 and learned District Judge, Jharsuguda has passed the impugned order.;

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