Orissa High Court Grants Custody of Minor to Natural Father in Landmark Judgment

The court prioritizes the welfare of the child, overturning previous custody denial due to lack of documentary evidence.

In a significant ruling, the Orissa High Court has granted custody of a minor child to his natural father, Ramakanta Majhi, overturning a previous judgment by the Family Court, Bhadrak, which had denied the father's guardianship plea on technical grounds. The judgment, delivered by Justice Sanjay Kumar Mishra, emphasized the paramount importance of the child's welfare and the father's legal rights as a natural guardian.

The case, Ramakanta Majhi v. Sanatan Majhi, revolved around the custody of a minor child following the death of the child's mother. The Family Court had earlier rejected Ramakanta Majhi's plea, citing the absence of a birth certificate for the child and a death certificate for the mother. However, the Orissa High Court found this reasoning unjustified, especially given that the maternal grandfather, Sanatan Majhi, had admitted in court that Ramakanta was the child's father.

Justice Mishra highlighted the principle that facts admitted in court need not be proved, referencing Section 58 of the Indian Evidence Act, 1872. The judgment also drew on the precedent set by the Supreme Court in Nil Ratan Kundu v. Abhijit Kundu, which underscores that child custody decisions should prioritize the child's welfare above statutory and procedural technicalities.

The court noted that depriving the father of custody would deny both the father and child the opportunity for mutual love and affection. It emphasized that the father's role as the natural guardian is supported by the Hindu Minority and Guardianship Act, 1956, especially as the child is now over five years old and should be integrated with his natural family.

In its ruling, the Orissa High Court directed that the custody of the child, Rashmikanta Majhi, be transferred to Ramakanta Majhi immediately. The judgment also ensures visitation rights for the maternal grandfather, allowing him to meet the child with prior notice to the father.

This judgment is seen as a reaffirmation of the judiciary's commitment to child welfare and the legal rights of natural guardians, setting a precedent for similar cases in the future.

Bottom Line:

Guardianship and custody of minor child - Welfare of the minor is the paramount consideration - Natural guardian, the father, has a legal right to claim custody of his child.

Statutory provision(s): Hindu Minority and Guardianship Act, 1956 Section 6; Indian Evidence Act, 1872 Section 58

Ramakanta Majhi v. Sanatan Majhi, (Orissa) : Law Finder Doc Id # 2819319