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IN THE HIGH COURT OF ORISSA, CUTTACK
Sanjay Kumar Mishra
Ramakanta Majhi – Appellant
Versus
Sanatan Majhi – Respondent
| Table of Content |
|---|
| 1. introduction of appeal concerning guardianship under relevant acts. (Para 1 , 4) |
| 2. court observations on guardianship principles and welfare considerations. (Para 5 , 7 , 12 , 15) |
| 3. arguments related to admissions and lack of opposing evidence. (Para 6) |
| 4. legal reasoning emphasizing welfare and parental rights. (Para 10 , 11 , 17) |
| 5. final decision to grant custody to the natural father. (Para 18 , 19) |
JUDGMENT :
S.K. Mishra, J.
The present Appeal has been preferred under Section 19 of the Family Courts Act, 1984 read with Section 47 of the Guardians & Wards Act, 1890 by the Appellant, who is the natural father of the Respondent No.2, challenging the Judgment dated 12.07.2022 passed by the learned Judge, Family Court, Bhadrak in Guardian Misc. Case No.13 of 2021, vide which his prayer for guardianship stood rejected.
2. Though notice was duly served on the Respondent No.l, who is the maternal grandfather of Respondent No.2 (minor child) and represents him in this Appeal, chose not to appear in this Case to oppose the prayer made in the Appeal. Hence, the matter was taken up for hearing on 06.11.2025, followed by further hearing today.
3. Heard learned Counsel for the A
Natural guardianship principles and admissions regarding paternity must be prioritized in custody cases involving minors.
The welfare of the minor children is the paramount consideration in custody matters, and the natural guardianship of the father entitles him to claim custody of his children.
The welfare of the child is the paramount consideration in custody disputes, and the court must ensure judicial discipline and adherence to judicial discipline.
(1) Guardianship Petition – Family Court is obliged to enquire into matter as per procedure prescribed by law – It does not have plenary powers to do away with mandatory procedural requirements in pa....
The welfare of a child is paramount in custody decisions, and a parent's financial status cannot override considerations of emotional and social well-being.
The court emphasized the importance of statutory provisions in guardianship matters, ruling that the father retains rights unless proven unfit, but the welfare of the minors is paramount in custody d....
Welfare of the child is paramount in custody disputes; natural guardianship does not guarantee custody without proven benefits for the child's well-being.
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