IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.17397 of 2026 Sourabh Das …. Petitioner Mr. Bansidhar Baug, Senior Advocate Along with Mr. Bijay Kumar Mishra, Advocate -versus- Inspector-In-Charge, Baripada Town Police Station, Mayurbhan & Others. …. Opp. Parties Mr. S. Nayak, ASC CORAM: HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 02.06.2026 (Hybrid Mode) 01. 1. The petition before this Court under Articles 226 & 227 of the Constitution of India, 1950 has been filed with the following prayers: “It is, therefore, most humbly prayed that this Hon'ble Court may graciously be pleased to admit the writ petition, issue notice to the opp. Parties and after hearing the parties be further pleased to direct the opp. party No. 1 to 3 to produce the child before this Hon'ble Court and permit interim custody of the minor child in favour of the petitioner for a period of 6 months only for the continuous of urgent medical treatment of the minor child, for the interest of justice. And pass any other order/orders as would be deem fit and proper as facts and circumstances of the case. Page 2 of 4 And for the said act of kindness, the petitioner shall as in duty bound ever pray.” 2. The petitioner is the father of minor girl child aged about four and half years who is also arrayed as Opp. Party represented through her mother-guardian. As has been disclosed in the application, the minor child is under continuous medical care and supervision at hospital at Bhubaneswar. Copy of the treatment records such as prescription and other investigation reports have been annexed to the Writ Application marked as Annexure-2 Series. 3. It is stated in the petition that till recently the minor daughter was residing with paternal grand parents i.e. father and mother of the petitioner. She was getting all care and attention of the grand parents including medical treatment. Recently, wife of the petitioner has left her matrimonial home and custody of the child has been taken away from paternal grand parents without their knowledge and consent. 4. It is stated that the petitioner-father is apprehensive regarding welfare of the child. As the minor daughter is staying with her mother, the mother having her custody and both the mother and child staying at matrimonial home of the mother i.e. at in- laws place of the petitioner, the child will not be getting required attention and medical care which she should get. It is submitted by the learned Senior counsel that the father of the minor-child is very much apprehensive that if proper medical care is not provided to the minor child, she will suffer further complications and for the purpose of treatment her custody should be handed over to father and the paternal grand parents and she should be brought to the hospital at Bhubaneswar. 5. The learned Senior Counsel fairly submits that the minor child is in custody of the natural guardian i.e. mother. However, he highlights the medical condition of the child, for which, the petition has been filed. 6. The prayer made and the tenor of the application makes it apparent that the petition is for the custody/interim custody of the minor child by the father for child’s medical treatment. 7. In considered view of this Court, the appropriate application should have been filed before the learned Court having the jurisdiction to decide the custody and the learned Court could have passed granted interim custody and other interim reliefs regarding treatment of the child. 8. It is submitted by the learned Senior Counsel for the Petitioner that the learned Family Court at Baripada is not available to be moved during summer Rati/Rajesh vacation, hence this Application. 9. On being asked, whether the petitioner has moved any application stating these facts, the learned Senior Counsel fairly submits that though the petitioner has not moved but he shall move the appropriate Court within 10 working days. In considered opinion of this Court if any such urgency is brought to the notice of the learned Family Court/learned Court in seisin over the matter/learned Judge-in-charge of the Family Court along with copy of this order, the matter shall be dealt with by the learned Court in proper perspective in accordance with law. 10. It is further submitted by the learned Senior Counsel that the petitioner will not press this Writ Application in its present form. 11. Accordingly, the Writ Application is disposed of with the aforesaid observations. Urgent certified copy be issued as per rules. The parties shall have the liberty to act upon the copy of this order obtained from the official website of this Court. (Mruganka Sekhar Sahoo) Vacation Judge