HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 532 of 2007 Dated: 16.10.2014 Between:
K. Satish Kumar Reddy.
Vs.
K. Anuradha.
… Appellant … Respondent HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 532 of 2007 JUDGMENT: (Per Hon’ble Sri Justice G.Chandraiah) This CMA is filed aggrieved by order dt.17.03.2007 passed in FCOP.No.1029 of 2005 on the file of the Judge, Family Court, Hyderabad, by and under which the request of the petitioner/father, to grant access to and custody of his minor son–‘Sai Pranav Reddy’ to the petitioner, was dismissed.
2. The brief facts of the case are that the petitioner is the husband of the Respondent, whose marriage took place on 06.05.2001 at Hyderabad according to Hindu rites and customs. During their wedlock, the Respondent gave birth to a male child, by name Sai Pranav Reddy. It is further contended that after ten days of their marriage, the Respondent started threatening the petitioner of committing suicide for silly reasons. Apart from that, the Respondent also created several embarrassing situations within a month of their marriage. Thereafter disputes arose between the parties. While so, the appellant filed the above O.P. seeking custody of his minor son, which was dismissed by the trial Court. Aggrieved by the same, the present appeal is filed.
3. On 19.09.2014, this Court directed the parties to be present in the Court along with the minor child. Accordingly, today the parties have appeared before us along with the minor child. Though the subject mater is relating to the custody of the child, we had counseling with the minor child as well as his parents. The minor boy is aged about 15 years and studying 8th class. The boy is very good-looking, sharp and very good artistic nature. He informed us that he is interested in signing, playing and excellent in his studies. He said that he is staying with his mother happily, at her maternal grand parents’ place. He also expressed that he wants both mother and father. At present he did not want to go along with his father. We also examined the parents i.e., both the parties to the appeal. Both are well educated and very cultured persons. They know the values of human being, social, ethical and moral values. However, having regard to the disputes arose in the past, which are continuing till now by way of pendency of cases in various Courts, the husband expressed that having suffered a lot, he is not happy with the situation, whereas the wife said that she is prepared to join with her husband forgetting all the things that have taken place in the past, which caused both of them so much of unhappiness in their lives. But that aspect is not in our consideration. The issue before us is whether the Court below is right in dismissing the petition filed by the husband seeking custody of the minor child or committed any error in doing the same.
4. During the course of hearing, the appellant/husband informed us that if the child is feeling happy and safe in the custody of his mother, who is residing at her parents place, he is prepared to withdraw the appeal, and sought for permission of the Court accordingly. Hence, in view of the above, we grant permission to the appellant to withdraw the appeal.
5. In the result, the appeal is dismissed as withdrawn. As a sequel, the miscellaneous petitions, if any pending, shall stand disposed of accordingly. No costs.
G. Chandraiah, J.
M.S.K. Jaiswal,J.
Dt.16.10.2014
Kv
HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A. No. 532 of 2007 (Judgment of the Division Bench delivered by Hon’ble Sri Justice G.Chandraiah) Dated: 16.10.2014
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