JUDGMENT

BISWANATH RATH, J. - This writ petition has been filed challenging therein the order dated 08.10.2012 passed by the Judge Family Court, Bhubaneswar in C.P. no. 106 of 2010 thereby dropping the C.P. No. 106 of 2010 as not maintainable.

2.The short fact involved in the case is that the present petitioner, as wife, filed Guardian Misc. Case No. 208 of 2010 which was subsequently numbered as C.P. No. 106 of 2010, an application under Section 7 read with Section 10 of The Guardian and Wards Act, 1890 for appointing guardian for minor children. The application was filed basing on assertion that the marriage between the petitioner and the opposite party No. 2 was solemnized as per Hindu customs and tradition and out of their wed lock, two male children took birth, in view of the dissention between the parties, both the parties got separated and the wife is residing separately. It was further pleaded that the minor children were in custody of the petitioner since their birth till the date of filing of the application. The petitioner herself is an employee in Navodaya Bidyalaya, getting a handsome salary and she is financially sound to maintain both her children with support of he