HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 548 of 2009 Dated: 20.11.2014 Between:
P. Somaiah & another Vs.
B. Ramulu … Appellants … Respondent HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 548 of 2009 JUDGMENT: (Per Hon’ble Sri Justice G.Chandraiah) This appeal is filed aggrieved by the orders of the I Additional District Judge, Ranga Reddy district in OP No. 105 of 2006, dt. 29.11.2007, allowing the petition filed by the Respondent/father seeking custody of his minor son.
2. The brief facts are that the appellants herein are the maternal grand parents of Master B. Yeshwanth Kumar, and the respondent herein is his natural father. The O.P. is filed by the natural father seeking a direction to the appellants herein to handover the minor child for his custody. After hearing the matter, the Court below allowed the petition filed by the father and directed the Appellants herein to handover the boy to the father within a month, failing which the father is entitled for custody of the minor boy through process of Court. Aggrieved by the same, the appellants filed the present appeal.
3. Along with the appeal, the appellants also filed CMAMP No.2665 of 2008 seeking stay of the impugned order, and this Court on 28.11.2008 while ordering notice granted interim stay, and consequently the minor boy remained in the custody of his maternal grandparents only. While so, on 06.11.2014 this Court directed both the parties to appear before this Court along with the minor child. Accordingly, both the parties and the minor boy have appeared before the Court, and we had counseling with both the parties and the minor boy. The appellants state that the minor boy is with them from the age of three years; except filing the petition before the Court below, the Respondent/father never tried to visit the boy, who is now aged about 15 years, and studying Intermediate 1st year in Narayana Junior College, Taranaka, Hyderabad. On our enquiry whether the boy is willing to go with the father, the boy declined to go with his father. The respondent/father states that he is prepared to maintain his son, ready to meet the expenditure incurred and to look after his welfare by providing proper education, clothing etc. However, the boy is not inclined to go with his natural father, the Respondent herein.
4. In these circumstances, we dispose of the appeal as under:
(i) The appellants are entitled to retain the custody of the minor child till the boy attains the majority;
(ii) The respondent/father can visit the boy once in a month with due intimation to the Principal of the College, where the boy is studying;
(iii) The respondent/father shall bear all the expenditure relating to the maintenance of the boy, including the payment of college fee, clothes and other necessary needs of the boy from time to time.
5. The appeal is accordingly disposed of. As a sequel, the miscellaneous petitions, if any pending, shall stand closed accordingly. No costs.
G. Chandraiah, J.
M.S.K. Jaiswal,J.
Dt.20.11.2014
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HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No. 548 of 2009 (Judgment of the Division Bench delivered by Hon’ble Sri Justice G.Chandraiah) Dated: 20.11.2014
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