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2013 Supreme(Ori) 85

B.K.NAYAK
Sebati Padhi – Appellant
Versus
Child Welfare Committee, Cuttack – Respondent


Advocates Appeared:
For petitioner: M/s. P.K. Nanda, K. Badhei, S. Mohapatra & R.K. Sahoo.
For opp. parties : M/s. C.K.Nayak & S.Samal. (opp.party no.1) : M/s. A. R. Dash, S.K. Nanda-1, B. Mohapatra & S.N.Sahoo. (for opposite party no.2) : M/s. S.K. Das-2, P.K. Das, M. R. Behera, T.R. Nayak & A. Jena (opp.party no.3) : Additional Standing Counsel (opp.party nos.4 & 5)

JUDGMENT

B.K. NAYAK, J. This revision has been filed challenging the order dated 15.11.2012 (Annexure-1) passed by the Child Welfare Committee, Cuttack (opp.party no.1) in Case No.607 of 2012 restoring the female child, namely, “Kandhei” to opposite party no.3, who is said to be the biological mother of the child.

2. The facts and circumstances leading to the passing of the impugned order as averred in the writ petition, are as follows :

The two petitioners are mother and daughter respectively. On 08.09.2011 between 1.00 P.M. and 2.00 P.M. while the petitioners were in the premises of Kakatpur Mangala Temple, among others one Saudamini Giri of village-Kerendiapal, P.S.Kakatpur was also present inside the temple waiting for “Darshan”. At that time, a young woman with a minor female child aged about eight months, said to have come from Kendrapara area who was also present inside the Mangala Temple, left the said female child with Saudamini Giri asking her to keep the child for a moment as the said lady wanted to go out to answer call of nature. On humanitarian ground Saudamini Giri held the child awaiting for return of the said lady. The lady however did not return for hours and a sea
































































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