Orissa High Court asks Woman to Hand over Child to Father

Orissa High Court

WPCRL No.154 of 2020

04. 15.01.2021 This matter is taken up through Video Conferencing because of COVID-19 pandemic.

Heard Mr. H.N. Mohapatra, learned counsel for the Petitioner and Smt. S. Patnaik, learned Additional Government Advocate.

Mr. S.K. Sahoo, Inspector-In-Charge, Gop Police Station, District- Puri is connected to us through virtual mode. He has secured attendance of the Opposite Party No.4-Rojalin Nayak along with the minor child through virtual mode.

On 12.01.2021, we had viewed the video produced by the learned counsel for the Petitioner. The video also became viral in the social media. We found from the video that the Opposite Party No.4-Rojalin Nayak was mercilessly beating the infant on several occasions. On one occasion, she was tying the leg of the child by means of cloth and tying the other end of the cloth to the leg of a cot. Finding the cruelty, torture and assault to the small boy, we directed the Inspector-In-Charge, Gop Police Station, District- Puri to secure attendance of the Opposite Party No.4-Rojalin Nayak along with the child through virtual mode.

Today, while we interact with the Opposite Party No.4-Rojalin Nayak, she has very clearly stated that since she is the mother of the child, she has right to assault him and in any situation she will not hand over the child to her husband the present Petitioner.

Learned counsel for the Petitioner submits that the Petitioner-Chakradhar Nayak is now residing in the house of his sister and brother-in-law in Bhubaneswar and carrying out retail business. He, therefore, submits that in absence of the Petitioner, his sister will take care of the child.

It is not disputed that initially one case was initiated by the Opposite Party No.4-Rojalin Nayak against the Petitioner-Chakradhar Nayak and others for commission of offences under Sections 498A/ 323/ 506/ 34 of the Penal Code read with Section 4 of the D.P. Act which was registered as Gop P.S. Case No.143 dated 22.08.2015. That case ended in compromise and though the PetitionerChakradhar Nayak has undergone imprisonment for some time, the dispute subsided and the Opposite Party No.4- Rojalin Nayak joined the society of the Petitioner. Thereafter, the child in question was born. This dispute again came up when the video of merciless beating to the one year child by Opposite Party No.4-Rojalin Nayak became viral in the year 2020. One Krushna Chandra Mishra, Co-Ordinator, Child Line, Puri has submitted F.I.R. before the Inspector-InCharge, Gop Police Station, namely, Mr. S.K. Sahoo, on 16.08.2020 for alleged commission of offences punishable under Sections 341/ 323 of the Penal Code read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 by the Opposite Party No.4-Rojalin Nayak. On 16.08.2020, Inspector-In-Charge, Gop Police Station along with members of the Child Line, Puri, D.C.P.O.-Majoj Kumar Tripathy, WC/1034-Sradhanjali Pattanayak and WC/798- Anita Nayak had been to village Sorava, Paikasahi. On that day itself, they seized the video CD of assault to child Rajesh @ Rudra Nayak on production by the Petitioner-Chakradhar Nayak. On that day also, they seized the original birth certificate of the child. On 16.08.2020, the Inspector-InCharge, Gop Police Station, Gop rescued the child and returned to the Police Station along with the members of the Child Line, Puri. On 16.08.2020 at 5.00 P.M., the child was medically examined, but no injury was found on his body. On that day itself, the child was produced before Saktipad Mishra, Member, CWC, Puri for his care and protection and he was handed over to his father i.e. the present PetitionerChakradhar Nayak. On that day itself, notice was issued under Section 41A(1) of the Cr.P.C. against the Opposite Party No.4-Rojalin Nayak. Finally, charge-sheet was submitted against her on 27.09.2020.

At this stage, learned counsel for the Petitioner submits that the child was never handed over to the Petitioner at the Police Station or on the order of the Member, CWC, Puri. Only a pretence was made and the child was handed over to Opposite Party No.4-Rojalin Nayak and thereafter Opposite Party No.4-Rojalin Nayak along with the child went to the house of Opposite Party No.5-Minerva Rout, wife of Srikanta Samal, At/P.O./P.S.- Konark, DistrictPuri. However, the Inspector-In-Charge, Gop Police Station, Gop and the mother of the child, namely, Rojalin NayakOpposite Party No.4 maintain before the Court that Opposite Party No.4-Rojalin Nayak again went to the house of the Petitioner and some days thereafter as the Petitioner assaulted her for demand of dowry, she left the house of the Petitioner and went to her parents’ house along with the child.

It is not disputed that an independent person, namely, Krushna Chandra Mishra, Co-Ordinator, Child Line, Puri has lodged F.I.R. on the basis of the aforesaid viral video. We have also viewed the video clippings and found that the allegation made by the said complainant Krushna Chandra Mishra appears to be true. Secondly, charge-sheet has been submitted against the Opposite Party No.4-Rojalin Nayak for commission of offences under Sections 341/ 323 of the Penal Code read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

In this situation, we having given our anxious thought to the matter in question, have come to the conclusion that continuance of the custody of the toddler Rajesh @ Rudra Nayak with the mother i.e. Opposite Party No.4-Rojalin Nayak would be detrimental to his mental and physical development and may also affect his psychology negatively.

Hence, we allow the WPCRL and direct the Opposite Party No.4-Rojalin Nayak to hand over the child Rajesh @ Rudra Nayak to the Petitioner-Chakradhar Nayak within a period of seven days hence. In case of her failure to do so, the Opposite Party No.3-Inspector-In-Charge, Gop Police Station, Gop, District- Puri shall take appropriate steps and take the child from the physical custody of the Opposite Party No.4-Rojalin Nayak and hand over the child to the Petitioner-Chakradhar Nayak.

With such observations, this WPCRL is disposed of. As restrictions are continuing due to COVID-19 pandemic, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s official website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.

S. K. Mishra, J.
Savitri Ratho, J.

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