CUTTACK: The Orissa High Court has overturned a 2022 judgement of the Bhadrak Family Court that had rejected a father’s plea for guardianship, granting him custody of his minor son.
The family court had rejected the plea of Ramakanta Majhi solely on the grounds that he failed to produce the child’s birth certificate and his wife’s death certificate. While delivering the judgement recently, Justice Sanjay Kumar Mishra directed the child’s maternal grandfather, Sanatan Majhi, to hand over custody “forthwith”.
In 2022, Ramakanta had filed an appeal under section 19 of the Family Courts Act and section 17 of the Guardians & Wards Act, after the family court dismissed his 2021 petition seeking custody of his son Rashmikanta, who has been living with his maternal grandfather since the death of his mother, Ranjulata, in early 2021.
Justice Mishra criticised the family court’s approach, noting that the grandfather had already admitted in his written statement that Ramakanta was indeed the child’s father.
“The learned court below erred in law by coming to a conclusion that the present appellant failed to prove that he is the natural father. Hence, the impugned judgment deserves interference,” the judge observed.
Justice Mishra further emphasised that the child, who was only a few weeks old when separated from his father, had been living with his maternal grandfather without any legal basis stronger than that of the natural guardian.
It noted that there were “no allegation[s] of any matrimonial dispute nor a complaint of abuse” against the father and that nothing suggested he was incapable of caring for his son.
Referring to section 6 of the Hindu Minority and Guardianship Act, the court stated that the father’s legal right to custody becomes indisputable once the child crosses the age of five. The bench estimated the child to be “around 5 & 1/2 years old” at present.
The court concluded “the minor child should live with his natural father”, expressing confidence that he would “get adapted very well in a short period”.