IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.3051 of 2023 (In the matter of an application under Section 12 of the Contempt of Court’s Act) Sri Laxmi Narayan Mohanty …. Petitioner (s) -versus- The I.I.C, Kumbharapara Police Station, Kumbharapara, Puri …. Opposite Party (s) Advocates appeared in the case through Hybrid Mode: For Petitioner (s) : Dr. Sujata Dash, Adv. For Opposite Party (s) : Miss Gayatri Patra, ASC Ms. Deepali Mohapatra, Adv. CORAM: DR. JUSTICE SANJEEB K PANIGRAHI DATE OF HEARING:-13.01.2026 DATE OF JUDGMENT:-30.01.2026 Dr. Sanjeeb K Panigrahi, J. 1. In filing this Contempt Application, the Petitioner has sought for a direction from this Court to the Opposite Party/Contemnor for implementing the order dated 10.02.2023 passed by this Court in CRLMP No.219 of 2023. I. FACTUAL MATRIX OF THE CASE: 2. The brief fact of the case, in nutshell, is that Petitioner had preferred the above noted CRLMP seeking a direction from this Court to the Superintendent of Police, Puri and the Inspector-in-Charge, Kumbharpara Police Station for rescuing his minor daughter from the Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 12-Feb-2026 11:27:32 Signature Not Verified custody of the stranger person with whom his wife has remarried after taking divorce from him. 3. After hearing the parties concerned in the above noted CRLMP, this Court vide order dated 10.02.2023 had disposed of the said CRLMP with a direction to the Petitioner to approach the I.I.C, Kumbharpara Police Station for the above purpose. Accordingly, the I.I.C, Kumbharpara Police Station was also directed to consider the grievance of the Petitioner and take proper steps for rescuing the minor daughter of the Petitioner within a month. 4. Since the I.I.C, Kumbharpara Police Station did not comply with the order of this Court dated 10.02.2023 as has been alleged by the Petitioner, the Petitioner has preferred the present CONTC for complying with the order of this Court dated 10.02.2023 passed in the above noted CRLMP in letter and spirit. II. SUBMISSIONS ON BEHALF OF THE PETITIONER: 5. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions, as borne out from the Written Note of Submissions: i) Learned counsel for the Petitioner submits that after disposal of the above noted CRLMP, the Petitioner being an Armed Force Personnel submitted the representation ventilating his grievances before the I.I.C, Kumbharpara Police Station at a belated stage i.e. on 06.04.2023 as he was posted outside the State of Odisha and was not granted leave at that point of time. Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 12-Feb-2026 11:27:32 Signature Not Verified ii) Be that as it may, upon submission of representation along with a copy of the order of this Court passed in the above noted CRLMP, the Opposite Party/Contemnor rescued the minor girl child of the Petitioner and handed over her to the Child Welfare Committee, Puri on 26.04.2023. Thereafter, despite best efforts of the Petitioner, the authority concerned of the Child Welfare Committee, Puri handed over minor daughter of the Petitioner to his divorced wife named Bisweswari Sahoo who has got remarried in the meantime. iii) She, accordingly, prays for allowing the prayer made in this CONTC. III. SUBMISSIONS ON BEHALF OF THE OPPOSITE PARTY: 6. On the contrary, the Learned Counsel for the Opposite Party made the following submissions: (i) In her opposition, learned counsel for the Opposite Party / Contemnor submits that there has been no violation of any of the Court’s order. In fact, the alleged Contemnor has done anything which is permissible under law and what is in the best interest of the welfare of the child. The child is more secured with the mother being a girl child. Hence, she has been handed over to the mother. Further, the child has also developed a fear psychosis towards the father because of his violent behavior. It has also been stated that the father has shown his violent behavior in the school campus of Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 12-Feb-2026 11:27:32 Signature Not Verified the girl child in front of the teachers and students by beating the child which is also confirmed by the daughter of the Petitioner. IV. THIS COURT’S REASONING AND ANALYSIS: 7. Heard learned counsel for the parties and perused the materials placed on record. 8. This Court considering the sensitivity of the issue, called the Petitioner- father and also the mother of the child along with the child to my Chamber and upon interaction, this Court is of the view that the child is not interested in going to the father because of his violent behavior. She has also stated that she is more comfortable with the mother and the new husband of the mother who gives her sufficient love and affection. In view of the above, this Court does come to a conclusion that the child is safe in the hand of the mother as she can take care of ensuring the welfare of the child. Since she is studying in Class-XII, she is studying well and handing over the child to the father is likely to disturb her emotional cord and her studies. 9. In view of the above, no contempt is made out against the Contemnor. 10. CONCLUSION: 11. In view of the foregoing analysis, the CONTC is dropped being disposed of. (Dr.Sanjeeb K Panigrahi) Judge Orissa High Court, Cuttack, Dated the 30th January, 2026