Date of hearing : 07.04.2025 / date of judgment : 17.04.2025
A.C. Behera, J. This revision under Section 115 of the C.P.C., 1908 has been filed
by the petitioner(who was the Opposite Party in GUAP No.07 of 2023 in
the court of learned Judge, Family Court, Boudh) challenging an order of
rejection to his petition under Order-7, Rule- 11(d) read with Section 151
of the C.P.C., 1908 passed on dated 24.01.2024 in GUAP No.07 of 2023.
2. The factual backgrounds of this revision, which prompted the
petitioner (husband) for filing of the same against his wife(Opposite
Party) is that, the Opposite Party of this revision being the wife of the
petitioner filed a case vide GUAP No.07 of 2023 in the court of the
learned Judge, Family Court, Boudh against the Opposite Party (who is
the petitioner in this revision) as per the Guardians and Wards Act, 1890
praying for appointing her as a guardian of her minor son Rudranarayan
Khandei aged about five years under Section 7 of The Guardians and
Wards Act, 1890 stating that, her matrimonial house, i.e., the house of
her husband is at village Odasara, Dam Chack under the jurisdiction of
Daspalla Police Station in the district of Nayagarh and by giving severe
physical and mental torture, to her, her husband and his family members
deserted her, for which, she(wife) is residing in her parents‟ house at
Dalua Sahi under Harabhanga Police Station in the district of Boudh and
her husband along with his family members kept her minor son, i.e.,
Rudranarayan Khandei aged about five years with them in their house
debarring her(wife) from the guardianship of her minor son as well as
abstaining her from taking the proper care of her minor son for his well-
being, though she is a fit person to be the guardian of her minor son and
to look-after him properly for his welfare and benefit. Her husband and
his family members are not taking proper care of her minor son in their
house. For which, without getting any way, she approached the learned
Judge, Family Court, Boudh by filing GUAP No.07 of 2023 being the
petitioner against her husband arraying him as Opposite Party praying for
appointing her(Santoshini Khandei) under Section 7 of the Guardians and
Wards Act, 1890 as guardian of her minor son, Rudranarayan Khandei.