HON'BLE SRI JUSTICE G.CHANDRAIAH & HON’BLE SRI JUSTICE M.S.K. JAISWAL C.M.A. No. 51 of 2008 DATE: 11.09.2014 Between:-
Nalli Babu Rejendra Prasad .. Appellant and Gorremutchu Mariyamma .. Respondent JUDGMENT:- (per Hon’ble Sri Justice G. Chandraiah) This Civil Miscellaneous Appeal is directed against the order dated 09.07.2007 passed in G.W.O.P.No. 7 of 2005 by the learned District Judge, Ongole whereby the petition filed by the respondent herein, who is maternal grandmother of the minor children, seeking to declare her as guardian of the minor children and their properties and direct the appellant herein to handover the custody of the minor children to her, was partly allowed with certain directions.
As could be seen from the impugned order, on 24.07.1993, Nalli Sheela, who was the daughter of the respondent herein was given in marriage to the appellant as a result, two children namely - Nalli Pranav and Nalli Vennela were born to them. On 15.08.2004, the daughter of the respondent, while working in the Agricultural Research Centre, Darsi, died in a road accident, thereafter, the minor children have been looked after by the respondent in Ongole. The learned District Judge, while partly allowing the petition, directed the appellant to admit the minor children to any residential school between West Godavari District and Ongole and meet expenses towards maintenance, education and welfare of the children and granted visiting rights to the respondent herein on Sundays and Public Holidays and also directed intermittent custody of the children to the respondent during summer vacation of every year for 15 days i.e. from 1st May to 15th May. It is also observed that if the appellant fails to join the minors in any residential school as directed, the respondent can be permitted to join the minors in any school at Ongole at the appellant’s expense by keeping the children in her custody. It is further observed that the appellant shall furnish accounts of the entire death-cum-service benefits of his late wife and whatever invested in the name of the minors and the particulars of the properties of the minors, failing which, the respondent herein is at liberty to stand as next friend of the minors to lay a legal claim against the appellant to protect the properties and interest of the minors. Being aggrieved by the order of the trial Court, the appellant- father has preferred the C.M.A.
When the matter is taken up for hearing, there is no representation on behalf of the appellant-father.
We have carefully perused the entire material placed on record.
Inasmuch as the age of the minor children in the year 2005 i.e. by the date of the impugned order passed by the trial Court, was 10 and 9 respectively as is evident from the record, and by now, both the children have become majors, this Court feels that no further orders are required to be passed in this appeal.
Hence, the Civil Miscellaneous Appeal is dismissed.
No order as to costs.
As a sequel to the dismissal of the appeal, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.
G. CHANDRAIAH, J 11.09.2014 M.S.K. JAISWAL, J bcj