Orissa High Court
Sagarika Dash vs Sunil Kumar Kar @ Kar .... Opp. Party on 23 August, 2022
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 11176 OF 2022
Sagarika Dash .... Petitioner
Mr. Milan Kanungo, Senior Advocate
being assisted by Mr. Soumya Ranjan Mohanty,
Advocate
-versus-
Sunil Kumar Kar @ Kar .... Opp. Party
Mr. Swayambhu Mishra,
Additional Standing Counsel
Mr. Dayananda Mohapatra, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 23.08.2022 6. 1. This matter is taken up through hybrid mode.
2. Order dated 19th July, 2022 passed by this Court led to an unfortunate situation, which was never expected. Pursuant to the said order of this Court, both the Petitioner and Opposite Party along with the child appeared before the learned Judge, Family Court, Bhubaneswar. But, there could not be any mutual agreement pursuant to the aforesaid order. Vide order dated 6th August, 2022 passed in I.A. No.38 of 2021 (arising out of C.P. No.112 of 2019), learned Judge, Family Court, Bhubaneswar passed the order, relevant portion of which is reproduced hereunder:
"in the facts and situations and for the better interest and welfare of the child, the petitioner and the Opposite Party are instructed to take steps at their levels to put the child in KIIT International School, Bhubaneswar choosen by the petitioner for its education and boarding within ten days hence as the educational session has already commenced, failing which the petitioner is at liberty to take steps for implementation of the same in terms of order dated 11.7.2022."Page 1 of 4
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3. The present Opposite Party is the Petitioner before learned Judge, Family Court, Bhubaneswar. Today, an additional affidavit has been filed on behalf of the Petitioner in which serious allegations have been made, relevant portion of which reads as under:
"10. That the deponent most humbly submits that such act of the police following the court's order is not only inhuman, illegal, unjust, arbitrary, barbaric and in gross violation of principles of natural justice and further is contemptuous in nature.
11. That the petitioner being a lady was carried forcibly from her house along with her child and is being transferred overnight as a criminal unaccompanied by woman constable at ungodly hours, in a bad climatic condition, by road and thus such act is illegal, arbitrary and in gross violation of principles of natural justice.
12. That the petitioner, child and the deponent reached the Infocity P.S. Patia at about 02:35 AM on 23.08.2022 and were detained in the police station by the Police party. Photographs are attached herewith as Annexure-B. Even though the Petitioner informed the fact that my matter is listed as Item No.-15 before this Hon'ble Court, she was not allowed to leave the Police Station.
13. That the order of the Ld. Family Judge dt. 11.07.2022 was passed ex-parte and the same has not been brought to the knowledge of the petitioner and the order is telltale favouring the Opp. Party husband/father even though the Ld. Family Judge has passed order directing admission of the child into boarding school and but the tone set in the order speaks of guardianship lying with the father being the natural guardian which runs contrary to the direction of the Ld. Family Judge i.e. to admit the child in boarding school for keeping the child away from unholy atmosphere at home. The intention while passing such order is quite clear as the child shall be within the reach of the father at all times while the mother being custodian of the child has to surrender due to personal vendetta of the father/Opp. Party."Page 2 of 4
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4. It is submitted by Mr. Kanungo, learned Senior Advocate appearing for the Petitioner that the child is kept in Infocity Police Station, Patia, who is already terrified. Considering the submission, this Court directed learned State Counsel to take immediate instruction in the matter and placed it to be taken up after recess. Mr. Mishra, learned Additional Standing Counsel on instruction submits that the child has been handed over to the Principal KIIT International School, Bhubaneswar pursuant to the direction of learned Judge, Family Court, Bhubaneswar. He, however, submits that the IIC Infocity Police Station, Patia shall file a detailed affidavit detailing the facts and situation of brining the child from Kolkata to Bhubaneswar and producing him before the Principal KIIT International School, Bhubaneswar.
5. Mr. Mohapatra, learned counsel for the Opposite Party, however, expressed his ignorance about the aforesaid incident.
6. Taking into consideration the serious nature of the incident that took place, this Court is constrained to stay operation of the order dated 4th February, 2022 passed by learned Judge, Family Court, Bhubaneswar in I.A. No.38 of 2021 (arising out of C.P. No.112 of 2019) and all orders passed by learned Judge, Family Court, Bhubaneswar subsequent to the aforesaid order. The child shall be immediately handed over to the custody of the Petitioner, namely, Smt. Sagarika Dash.
7. Mr. Mishra, learned Additional Standing Counsel is directed to take steps to instruct the IIC Infocity Police Station, Patia to do the needful. Steps should be taken by him to see that such situation should not reoccur.
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8. Put up this matter on 7th September, 2022, by which date the IIC Infocity Police Station, Patia shall file an affidavit as aforesaid and also indicating the steps taken pursuant to this order.
9. A copy of the order shall be handed over to Mr. Mishra, learned Additional Standing Counsel for communication and compliance.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra)
ms Judge
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