HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE EIGHTH DAY OF JULY, TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY

CRP.No. 1234 of 2022

Between:

Narasimha @ Shyam Kumar, S/o. Linganna, Occ: Government Teacher (SGT) in Government UP School, R/o. H.No. 12-25/6, Unadavelly Village & Mandal, Jagulamba-Gadwal District, previously Mahabubnagar District.

Revision Petitioner/Respondent

AND

M.Suhasini, W/o. Narasimha @ Shyam Kumar, Housewife, R/o. H.No. 2-24/1, Undavelli Village & Mandal, Jagulamba-Gadwal District, presently residing at H.No. 45/24K-44C, Prem Nagar, Near: VR Colony, Road No.4, Kurnool Town, Kurnool District, Andhra Pradesh State.

Respondent/Petitioner

Petition under Article 227 of Constitution of India praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to set aside the order dated: 26-4-2022 in IA.No. 179 of 2021 in GWOP.No. 2 of 2021 on the file of the Hon'ble III Additional District and Sessions Judge, Mahabubnagar District at Gadwal and to dismiss the IA.No. 179 of 2021 in GWOP.No. 2 of 2021 on the file of the Hon'ble III Additional District and Sessions Judge, Mahabubnagar District at Gadwal.

IA.No. 1 of 2022:

Petition under Section 151 of CPC praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to suspend Order dated; 26-4-2022 in IA.No. 179 of 2021 in GWOP.No. 2 of 2021 on the file of the Hon'ble III Addl. District & Sessions Judge, Mahabubnagar District at Gadwal, pending disposal of CRP.No. 1234/2022 on the file of the High Court.

The Petition coming on for hearing, upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri D.Bhaskar, Advocate for the Petitioner and of Sri G.Rajeshwar Rao, Advocate for the Respondent, the Court made the following

ORDER:

" Petitioner is the husband and respondent is the wife.

This Court interacted with the children of the petitioner and the respondent. The daughter, Aishwarya, aged 11 years and son, Akhil Kumar, aged 7 years, stated that they have been studying in Vyshnavi Talent School, Undavelli. The daughter stated that they have been staying with her paternal grandmother for the past several years. They stated that their parents had been living in Undavelli and got separated since about one year.

This Court also interacted with the petitioner and the respondent. The parties stated that the petitioner is staying at Undavelli and the respondent is staying at Kurnool and the distance between Undavelli and Kurnool is 28 KMs.

It is not in dispute that for the past three years the children have been studying in Alampur school. Though the respondent-wife submitted that earlier the children were joined in the school at Kurnool, as the children expressed that they are not inclined to go to their maternal grandmother's place, the impugned order dated 26.04.2022 is suspended.

However, the respondent is given liberty to visit the children at Undavelli on every Sunday between 10 AM and 5 PM and the custody of the children shall be handed over to the respondent at a place of her convenience during the said period. The respondent is also given liberty to file an application seeking modification of this order, if on any other day the respondent intends to visit the children. The petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) towards travelling expenses of the respondent.

This arrangement shall be continued until further orders. List on 29.07.2022."

//TRUE COPY//

SD/- P. PADMANABHA REDDY

SECTION OFFICER

ASSISTANT REGISTRAR

To

• The II Additional District and Sessions Judge, Mahabubnagar District at Gadwal.
• M.Suhasini, W/o. Narasimha @ Shyam Kumar, Housewife, R/o. H.No. 2-24/1, Undavelli Village & Mandal, Jagulamba-Gadwal District, presently residing at H.No. 45/24K-44C, Prem Nagar, Near: VR Colony, Road No.4, Kurnool Town, Kurnool District, Andhra Pradesh State.
• 3. One CC to Sri D.Bhaskar, Advocate(OPUC)
• 4. One CC to Sri G.Rajeshwar Rao, Advocate(OPUC)
• 5. One spare copy.

SAH

HIGH COURT

BVRJ

DATED: 08-07-2022

NOTE: LIST ON 29-07-2022

ORDER

CRP NO. 1234 OF 2022

DIRECTION