Sanjay Sharma VS Dolly @ Sakhi Sharma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SANJAY KUMAR MISHRA
Sanjay Sharma – Appellant
Versus
Dolly @ Sakhi Sharma – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mrs. Suman Modi, Advocate
For Opp. Party No.1:Mr. Kirtan Dang, Advocate
For Opp. Party No.2: None

JUDGMENT

S.K. Mishra, J.—The writ petition has been preferred assailing the order dated 24.03.2025 passed by the learned Judge, Family Court, Cuttack in I.A. No. 117 of 2024 (arising out of C.P. No.543 of 2024), vide which the Petitioner”s prayer for visitation right with his minor son, namely, Shivay Sharma, who is aged about 7 years, stood rejected.

2. The undisputed background of the present lis is that the Petitioner and the Opposite Party No. 1, Dolly @ Sakhi Sharma, got married on 09.07.2011, lived together for around five years, and then separated due to temperamental differences. The Opposite Party No.1 instituted MAT Case No.94 of 2023 under section 13(1)(i- a)&(i-b) of the Hindu Marriage Act, 1955, shortly, “the Act, 1955”, before the learned Judge, Family Court, Bargarh. The said case was decreed ex parte against the Petitioner, dissolving the marriage. Thereafter the Opposite Party No.1 remarried one Ashok Ladha, an elderly person having three children from his first marriage, out of which one got married.

3. It is the case of the Petitioner that the parties had agreed that their daughter “Shanvi Sharma” would remain in the custody of the Opposite Party No.1 and their s

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