HONOURABLE SRI JUSTICE G.CHANDRAIAH AND HONOURABLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No.561 of 2007 JUDGMENT: (Per. Hon’ble Sri Justice G.Chandraiah) This Civil Miscellaneous Appeal is directed against the order of the learned District Judge, Krishna, Machilipatnam, dated 06.06.2005, passed in I.A.No.259 of 2004 in G.W.O.P.No.118 of 1998.
The marriage between the appellant and the respondent took place in the year 1986 and they were blessed with two sons out of their wedlock, namely Chi.Sri Vivek and Chi.Venkata Sri Siva Sai. A decree of divorce has been granted dissolving the marriage between the parties. Thereafter, the appellant filed G.W.O.P.No.134 of 2001 seeking the custody of the second minor son Chi.Venkata Sri Siva Sai, whereas the respondent herein filed the aforesaid G.W.O.P.No.118 of 1998 under Section 25 of the Guardian and Wards Act seeking the custody of the first minor son Chi. Sri Vivek from the appellant. Both the O.Ps. were clubbed and disposed of by the common order dated 28.07.2003, wherein the trial Court directed that the first son Chi.Sri Vivek be under the exclusive custody of the appellant/father till he attains the age of majority and the second son Chi.Venkata Sri Siva Sai was ordered to continue in the custody of the respondent/mother. The trial Court further directed that if the parties feel any difficulty in implementation of the order for the temporary custody of both the wards or any other contingency arises, for smooth implementation of the order, they are at liberty to approach the trial Court for suitable directions.
Since the appellant remarried and he is living with his second wife and his treatment towards the first son Sri Vivek had become cruel, the respondent/mother filed the aforesaid I.A.No.259 of 2004 seeking to modify the order dated 28.07.2003 made in G.W.O.P.No.118 of 1998 directing the appellant to handover the custody of the first minor son Sri Vivek to her. The trial Court, on consideration of the entire material available on record, allowed the petition directing the appellant/father to handover the custody of the first minor son Sri Vivek to the respondent/mother. Aggrieved by the said order, the present Civil Miscellaneous Appeal has been preferred by the appellant/father.
As could be seen from the order passed by the trial Court, the first minor son of the parties, namely Sri Vivek, who was aged 16 years by the date of the impugned order i.e. 06.06.2005, has now attained the age of majority, as such, the appeal is liable to be dismissed as having become infructuous.
Accordingly, the Civil Miscellaneous Appeal is dismissed as infructuous. No order as to costs. Miscellaneous petitions, if any, pending shall stand closed.
G.CHANDRAIAH, J M.S.K.JAISWAL, J 19.09.2014 Gsn