JUDGMENT :

Vinod Prasad, J.

In a spousal dispute the most vulnerable position is that of the child who bears the most deleterious and detrimental consequence of acrimony between his/her parents, who seldom considered his/her future life prospects and to nurture him/her in healthy atmosphere full of love, affection and caring. Whichever argument, howsoever undignified it may be, is raised to get an edge over the other. In such disputes, one of the most contentious sections invariably sought to be explained, determined and decided is section 9 of the Guardians and Wards Act, 1890 (hereinafter referred to as “the Act”) concerning jurisdiction of the Court empowered to entertain a petition for the custody of the child/children, and the present appeal is one of such cases where section 9(1) of the Act has been mooted for determination in the given set of factual matrix stated herein below:-

2. Appellant-father Dilip Kumar Behera, resident of district Ganjam tied nuptial knot with respondent Puspanjali Behera on 23.02.2004 as per Hindu rites and customs at Aska in the district of Ganjam. Since the appellant was having his vocation at Rourkela, post-marriage the spouses came to Rourkela and