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1988 Supreme(Ori) 103

G.B.PATTANAIK
KONDUPARTHI – Appellant
Versus
RAMAVARAPU – Respondent


Advocates Appeared:
B.B.RATHOD, B.L.N.SWAMY

G. B. PATTANAIK, J.


( 1 ) THIS appeal is directed against the order of the learned District Judge, Ganjam who by the impugned order has held that he has jurisdiction to deal with the case.

( 2 ) THE appellants are in custody of the minor child of respondent No. 1 after the death of the wife of respondent No. 1. Respondent No. 1 is a permanent resident of Berhampur town in the district of Ganjam. He had married the daughter of appellant No. 2 on 8-4-1979 and both of them came to Phulbani on 27-2-80 where they were serving, a child had been born out of their wedlock and was also with them at Phulbani. On 21-5-86, the wife of respondent No. 1 fell ill and, therefore, the said respondent No. 1 took his wife and child to his father-in-law's house at Visakhapatnam and left them there for better treatment. But as respondent No. 1 was not pulling on well with his in laws, he himself came away. The wife of respondent No. 1 died on 31-5-86 and the minor child who had accompanied his mother remained there at Visakhaphtnam. Respondent No. 1 approached his in-laws to get back his son, but they refused to hand over the child to him. While the minor boy thus continued to remain at Visakhapatnam






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