HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: F.C.A. No. 34 of 2020
PROCEEDING SHEET
Sl.
ORDER
No DATE
25.04.2022 CPK, J & NV, J
I.A. No. 2 of 2020
Learned Counsel for the
Appellant/Petitioner seeks custody of the
daughter - Rumaysa Hareem on the ground that the mental condition of the Respondent - mother is unstable. He relies on paragraph no. 13 of the Judgment in F.C.A. No. 834 of 2015 to substantiate the same. But, as seen from the record, the averments in paragraph no. 13 relates to the evidence adduced on behalf of the Petitioner-Husband. That by itself cannot lead to a conclusion that the Respondent-Wife therein was suffering from mental ill-health.
On the other hand, the evidence of RW1 shows that she was normal and not suffering with any mental ill-health, which made the trial Court to pass an order granting custody of the minor-girl in favor of the Respondent-Wife, while granting custody of minor-son to the Appellant/Petitioner.
In view of the above, we see no ground to interfere with the Order passed, more so, when the visitation rights are given to both the parties.
Accordingly, the I.A. is ordered. List the F.C.A. on 04.07.2022 for hearing.
_____________________ C. Praveen Kumar, J _______________________________ Nimmagadda Venkateswarlu, J SM