1
THE HON'BLE SRI JUSTICE A.V. SESHA SAI
&
THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA
W.P. No.36104 OF 2022
JUDGMENT:(per A.V. Sesha Sai, J)
Heard Sri Kolla Venkateswarulu, learned counsel for
the petitioner and Sri P. Rajkumar, learned counsel for the
5th respondent.
The 5th respondent herein filed G.O.P.No.11 of 2022 on the file of the learned Principal District Judge, Srikakulam, for custody of the children of the petitioner and 5th respondent viz., Master Paidi Prahalad and Kumari Paidi Jayasri, who are minors. In the said Guardian O.P., the 5th respondent filed I.A.No.1129 of 2021 seeking permission to him to interact with his wards at any public place weekly twice. The learned Principal District Judge initially on 10.01.2022 passed an order in I.A.No.1129 of 2021 asking the petitioner herein to allow the 5th respondent to see the children weekly once i.e., on every Sunday without fail at the District Court Complex premises. Subsequently, on 01.04.2022, another order came to be passed by the learned 2 Principal District Judge and the operative portion of the said order reads as follows:
"Upon perused the petition and counter averments and upon hearing both the counsels, this court is of the view that the petitioner can be permitted to intract with the wards alone as prescribed by this court, without interference of the respondent and her men, but the respondent herein is allowed to be present at some distance to the petitioner and the wards."
According to the petitioner, in compliance of the said order, on 18.09.2022 i.e., on Sunday at 10.30 A.M., the petitioner along with her relatives brought the wards and handed over them to the 5th respondent. It is stated in the affidavit filed in support of the present Writ Petition that in flagrant violation of the said orders of the learned Principal District Judge, Srikakulam, the 5th respondent herein had forcibly taken away the wards in his car and did not hand over the wards to the petitioner. On 18.09.2022, according to the petitioner, she lodged a complaint with the police and the petitioner herein brought the said aspect to the notice of the learned Principal District Judge, Srikakulam, which made the learned Principal District Judge, Srikakulam, to issue bailable warrants to the 5th respondent on 23.09.2022 and posted the matter on 27.09.2022. On 27.09.2022, the learned Principal District Judge, Srikakulam, issued a show-cause notice under 3 Section 361 of I.P.C., asking the 5th respondent to show cause as to why proceedings should not be initiated against him. Subsequently on 10.10.2022, learned Principal District Judge, Srikakulam, also directed the Regional Manager, R.B.O., Bobbili, to initiate disciplinary proceedings against the 5th respondent and asked the Regional Manager to submit a report on or before 20.10.2022. Against the order of the Principal District Judge, Srikakulam, dated 27.09.2022, the 5th respondent herein filed C.R.P.No.2098 of 2022. It is brought to the notice of this Court by the learned counsel that in the Revision Petition, this Court passed an interim order on 21.10.2022 suspending the order of the learned Principal District Judge, Srikakulam, dated 27.09.2022.
The fact remains that the order dated 10.01.2022 as modified on 01.04.2022 is still subsisting and despite the same, the 5th respondent herein has not made any effort to give custody of the children to the petitioner-mother of the wards. This, in the considered opinion of this Court, is in utter derogation and wilful disobedience of the orders passed by the learned Principal District Judge.
For the aforesaid reasons, the Writ Petition is allowed, directing the 5th respondent herein to produce the children viz., 4 Master Paidi Prahalad and Kumari Paidi Jayasri, before the Court of the learned Principal District Judge, Srikakulam, on 21.11.2022 at 10.30 A.M., for passing appropriate orders by the learned Principal District Judge, after enquiring into the matter. It is also made clear that as long as the orders of the learned Principal District Judge, Srikakulam, are subsisting, the parties shall adhere to the same. No order as to costs.
Miscellaneous petitions, if any, pending in this case, shall stand closed.
__________________ A.V. SESHA SAI, J ____________________________ DUPPALA VENKATA RAMANA Date: 10.11.2022 Ks 5 THE HON'BLE SRI JUSTICE A.V. SESHA SAI & THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA W.P. No.36104 OF 2022 (per A.V. Sesha Sai, J) Date: 10.11.2022 Ks