CUTTACK: The Orissa High Court has granted interim visitation rights to a Filipino mother seeking custody of her two-year-old daughter, currently residing with her paternal grandparents in Odisha.
The order passed by a division bench comprising Chief Justice Harish Tandon and Justice MS Raman was uploaded on Monday. The case involves Nenelle Beronilla Dayandayan, a citizen of the Philippines, and Mrutunjaya Kar, an Indian national.
Though the couple was not legally married, their child was born in India and has been living with the father’s parents at Gholapur under Kuakhia police station limits in Jajpur district. The mother approached the court through a habeas corpus petition, alleging wrongful custody and denial of access to the child since November 2025.
During the hearing on April 20, both parents appeared before the court, having travelled from abroad. Kar, a cyber security professional is working in Singapore while Dayandayan is a kindergarten teacher in Vietnam. The two-year-and-five-months-old child was also presented in court.
Recognising that the matter primarily concerns the welfare of the child, the bench observed that even in habeas corpus proceedings, courts may invoke their inherent jurisdiction to assess custody-related issues. The judges noted that while allegations had been exchanged by both parties, these must be formally submitted through affidavits before being considered.
Accordingly, the bench directed the father to file a detailed affidavit within three weeks addressing the allegations. Taking into account the young age of the child and the importance of emotional bonding, the court refrained from making any immediate determination on custody.
Instead, the bench directed that the mother be allowed to meet the child in a “congenial atmosphere” to rebuild their relationship. It added that if the mother visits India again before the next hearing, the grandparents must ensure similar visitation arrangements. Virtual interaction between the mother and child was also permitted. The matter has been posted to May 18 for further hearing.
As an interim measure, the court ordered the father to facilitate a two-hour visitation between 3 pm and 5 pm on April 20 at the mother’s hotel in Bhubaneswar. It also instructed both parties to maintain a cordial environment during the interaction and ensure that the child returns to the grandparents afterwards without disruption.