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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

MONDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

CIVIL REVISION PETITION NO: 1234 OF 2022

Petition filed under Article 227 of the Constitution of India, aggrieved by the Order dated 26.04.2022 passed in I.A.No. 179 of 2021 in G.W.O.P.No. 02 of 2021 on the file of the Court of the III Additional District and Sessions Judge of Mahabubnagar District at Gadwal, Telangana.

Between:

Narasimha @ Shyam Kumar, S/o. Linganna, Age: 40 years, Occ: Government Teacher (SGT) in Government UP School, R/o. H.No. 12-25/6, Unadavelly village & Mandal, Jogulamba-Gadwal District, previously Mahabubnagar district.

...Revision Petitioner/Respondent

AND

M. Suhasini, W/o. Narasimha @ Shyam Kumar, Age: 35 years, Christian, Housewife, R/o. H.No. 2-24/1, Undavelli village & Mandal, Jogulamba-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

I.A. NO: 1 OF 2022

Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend order dated 26.04.2022 in I.A.No. 179 of 2021 in G.W.O.P.No. 2 of 2021 on the file of the Hon'ble III Additional District & Sessions Judge, Mahabubnagar District at Gadwal.

IA NO: 1 OF 2023

Between:

M. Suhasini, W/o. Narasimha @ Shyam Kumar, Age: 35 years, Christian, Housewife, R/o. H.No. 2-24/1, Undavelli village & Mandal, Jogułamba-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. ... Petitioner/Respondent Narasimha @ Shyam Kumar, S/o. Linganna, Age: 40 years, Occ: Government Teacher (SGT) in Government UP School, R/o. H.No. 12-25/6, Unadavelly village & Mandal, Jogulamba-Gadwal District, previously Mahabubnagar district.

...Respondent/Petitioner

Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to be kind enough in considering the petitioner's mental pain and agony for wanting of children as they are away from her since 2 years as the respondent has blocked all ways to reach her children and as such she begs that the Hon'ble court may be pleased to grant the custody of her children for the entire summer vacation and accordingly the Hon'ble court may be pleased to modify the order dated 08-07-2022, in I.A.No. 1 of 2022 in C.R.P.No.1234 of 2022 on the file of this Hon'ble high court of telangana.

Counsel for the Petitioner : Sri D. Bhaskar Yadav

Counsel for the Respondent : M/S. MD. Khaja Moinuddin

The Court made the following: ORDER

AND

THE HON'BLE SMT.JUSTICE P.SREE SUDHA CTVIL REVISIoN PETITION No.1234 of 2o22

ORDER:

This civil revision petition is filed against the order of the trial Court in I.A.No. 179 of 2O2L in G.W.O.P.No.2 of 2O2L dated 26.04.2022 ot the frle of III Additional District and Sessions Judge of Mahaboobnagar District at Gadwal.

2. Heard learned counsel for the petitioner and respondent.

3. It is mainly contended that the Guardian O.P is frled by the wife for custody of the minor children in G.W.O.P.No.O2 of 2021. ln the said guardian O.P it was stated that marriage of petitioner and respondent was performed on 09.02.2011 and they are blessed with two children i.e., a girl child on 27.O3.2O12 and a boy on24.02.2016. Wife stated that the girl child was brought up by her mother till February, 2020. She alleged against her husband necked her out from his house on O8.O6.2O2L and she left the house only with wearing apparel and the children were also in the custody of her husband and further contended that her husband is not allowing her to talk with the children. Therefore, she gave a written application on 17.O8.2O21 before the Undavally Police Station for custody of the children and tlle same was referred to DSP Office, Gadwal, and there a counseling was conducted and it was failed. La.ter she frled this O.P for custody of children on 16'09.2021 .

Thereafter, she filed an I.A on 06.10.2022 and requested the Court for interim custody of the children and also their educational documents, apparels, educational certificates and belongings of the petitioner and requested for appointment of Advocate Commissioner with police protection for getting children and their belongings along with her belongings.

4. It was further submitted that respondent/husband filed a counter and stated that he shifted to his new house in Undavalli village which was constructed with cost of Rs.15,00,000/- which was funded by his mother. Admittedly, the children are along with father from 08.06.2021 onwards. In I.A filed for granting custody of the children, the respondent is directed to handover all educational certificates of the petitioner along with other belongings and permitted to have visitation of children and the respondent can visit the children on every Sunday between 10 AM to 5 PM at the house of petitioner or at any place.

5. Guardian O.P is filed for custody of the children and the same relief is granted in the interim application, the purpose of filing guardian O.P does not survive.

6. The counsel of the respondent herein contended that girl child aged 12 years and she requires the attention of her mother. On perusing the material available on record it sems that the trial Court considering the said reason granted the

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custody to the mother but it is apparently erroneous and liable to be set aside except to an extent of handing over all her educational certificates as she completed her B.Ed and useful for getting employment.

7. Moreover it is represented by learned counsel for the respondent that she could not talk with the children since four Therefore, this Court finds it reasonable to grant years. visitation rights to the mother once in a month on Sunday from 10 A.M to 5 P.M and she is at liberty to take the children to her house and handover them in the evening.

8. With this modification the Civil Revision Petition is allowed and parties are directed to get ready with the main guardian O.P for other things. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, shall stand closed.

Sd/- B. CHANDRA PRAKASH ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

• 1. The III Additional District and Sessions Judge of Mahabubnagar District at Gadwal, Telangana.
• One CC to Sri D. Bhaskar Yadav, Advocate [OPUC] One CC to M/S. Md. Khaja Moinuddin, Advocate [OPUC] Two CD Copies

Njb/PSR

Д

DATED:22/04/2024

ORDER

CRP.No.1234 of 2022

ALLOWING THE CIVIL REVISION PETITION

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