1. Challenge in this appeal is levied to the order dated 21.11.2017 of the Additional District Judge, Gariyaband, District Gariyaband in Civil Suit No.04-A/2016, whereby and whereunder he dismissed the Appellant's application filed under Section 26 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act, 1955').

2. The Appellant has filed an application under Section 13 of the Act, 1955 for dissolution of the marriage solemnized between him and the Respondent in accordance to Hindu Marriage Act on the ground of cruelty, inter-alia the Appellant filed an application under Section 26 of the Act, 1955 to obtain the custody of minor male child, Parveen, whose date of birth is 02.03.2010. Trial Court rejected the aforesaid application. Being aggrieved, the Appellant preferred this appeal.

3. As per provisions of Section 28(2) of the Act, 1955, an interim order passed under Section 25 or Section 26 of the Act, 1955 is not appealable.

4. In Annapurna Dei vs. Nabakishore Singh; AIR 1965 Orissa 72 and in Harulal Dasgupta vs. Smt. Saudamini Misra; AIR 1985 Orissa 239, the learned Single Judge of the Orissa High Court has held that interim order passed under Section 26 of