IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 253 of 2023 ------

1. Prashanti Saha, aged about 31 yrs, D/o. Late Gautam Sil R/o. Retired colony, Ward No.– 17, Town Chakradharpur, P.O.

+ P.S. Chakradharpur, Dist: West Singhb–hum, Jharkhand –

2. Adiwitiya Saha, aged about 9 yrs, D/o. Ranjan Saha &

Prashanti Saha, minor repre–sented through her mother/

guardian, R/o. Retired colony, Ward No. 17, Town Chakradharpur, P.O. + P.S. Chakradharpur, Dist: Wes–t Singhbhum, Jharkhand –

... Appellants/Respondents Versus Ranjan Saha, S/o. Gour Chandra Saha, R/o. Bauria, Santoshpur, P.O. + P.S. Bauria, Dist: Howrah, West Bengal – ... Respondent/Petitioner CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE RAJESH KUMAR ------

For the Appellant : Mr. Abhishek Kumar Dubey, Advocate For the Respondent : Mr. Amit Kumar Sinha, Advocate ------

CAV on 7^th July, 2025 Pronounced on 14^th August, 2025 Per Sujit Narayan Prasad, J.:

1. The instant appeal has been filed under Section 19(1) of the Family Courts Act, 1984 against the judgment and decree dated 13.07.2023 and 21.07.2023, respectively passed by the learned Principal Judge, Family Court, Chaibasa in Original Suit No. 24 of 2023 whereby and whereunder, the original suit filed by the respondent/petitioner has been allowed and the appellant/respondent no.1 was directed to handover the custody of her daughter (appellant No.2 herein) to the respondent/petitioner.

Factual Matrix

2. The brief facts of the case, as per the pleading made in the plaint is required to enumerated herein which reads as under:

3. The marriage between the appellant No. 1 and respondent was solemnized on 12.12.2010, as per provision of Special Marriage Act 1954. Out of their wedlock one daughter namely, Adiwitiya Saha was born on 08.05.2015.

4. In the month of August 2018, disputes and differences cropped up amongst the appellant no.1 and respondent and it was not possible for them to lead marriage life peacefully, thereafter an application under Section 13(i)(ia)(ib) of H.M.A. and under Section 125 of Cr.P.C. for maintenance was filed by appellant no.1, against the respondent which was numbered as Original Maintenance Case No. 41/2018 which have been disposed of on 02.03.2022 as the case has been settled between the parties in National Lok Adalat.

5. The award of the Lok Adalat had following terms: a. Appellant No.1 shall not receive any amount as alimony from Respondent.

b. Appellant No. I shall also not claim or receive any monthly maintenance from Respondent.

c. Respondent shall pay a monthly maintenance of Rs.5000/- to the minor girl child and appellant No. 1 shall pay a monthly amount of Rs.2000/-

d. Respondent was given the visiting rights of the minor daughter at Chakradharpur. Also, he was given liberty to keep his daughter for 15 days during annual vacation.

6. Thereafter on the intervention of common friends and well-

wisher, both parties mutually decided with consent to dissolve their marriage by mutual consent U/s 28 of Special Marriage Act.

7. Thereafter, Appellant No. 1 and respondent jointly filed a case to dissolve their marriage by mutual consent U/s 28 of Special Marriage Act being Original Case No. 22/2022 and the same was decreed vide Judgment dated 25.11.2022 and decree dated

07.12.2022.

8. Later on Respondent instituted a suit being O S No. 24/2023 by filing a petition u/s 25 of Guardian and Wards Act 1890 seeking custody of the minor daughter (Appellant No2) alleging that appellant No. 1 has not complied with the term of the order of Lok Adalat whereby visiting rights of the minor daughter was given to the respondent and has further stated that Appellant No.1 (wife) did not drop the daughter at the house of petitioner/Husband (respondent herein)

9. Accordingly learned family Court issue notice to the appellant no.1 and pursuant to the notice appellant No.1 filed her written statement denying the contentions raised by the Respondent / petitioner and further stated that only to frustrate the condition of m