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ORISSA HIGH COURT
Sibo Sankar Mishra, J
Sumatimani Sau – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. case involves custody dispute of biological child amid criminal accusations. (Para 2 , 4 , 5) |
| 2. biological parents have a paramount right to custody under the juvenile justice act. (Para 11) |
| 3. child's welfare must be prioritized over parental guilt in custody decisions. (Para 12 , 13 , 14) |
CORAM:
THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA
Date of Hearing: 16.01.2025 : Date of Judgment: 29.01.2025 S.S. Mishra, J. Heard Mr. Prasanna Kumar Parhi, learned counsel for the petitioners and Ms. Sarita Maharana, learned Additional Standing Counsel for the State.
2. In this petition, the petitioners are seeking quashing of the order dated 01.08.2024 passed by the learned J.M.F.C., Balasore in connection with Balasore Town P.S. Case No.125 of 2024 corresponding to C.T. Case No.318 of 2024, whereby the application moved by the petitioners for delivery of the custody of their daughter to them has been turned down.
3. The petitioners are accused in connection with Balasore Town P.S. Case No.125 of 2024 corresponding to C.T. Case No.318 of 2024 registered for the alleged commission of the offences punishable under Sections 451/363 of the IPC pending in the Court of the learned J
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