Item No.8
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A.No.15 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. Pursuant to the last order dated 16.04.2021, appearance is
entered on behalf of the respondent/mother. The scope of the present
appeal is fairly limited. The appellant/father is aggrieved by the common order dated 05.10.2020 passed by the learned Family Court disposing of three applications filed by him. The subject matter of the present appeal is the order passed in O.P.No.138 of 2016 wherein, the prayer made was to restrain the respondent/mother from shifting the minor son of the parties to any other country till he completes Intermediate and if there is any reason for the child to travel to any country for his education or extra-curricular activities, the respondent/mother to take prior permission from the Court.
2. By the impugned order, the learned Family Court has allowed O.P.No.138 of 2016 and has restrained the respondent/mother from shifting the minor son to any other country till he completes Intermediate. It has also been directed that if there is any necessity for the child to be taken to any other country for his education or extra- curricular activities, prior permission from the court will be obtained by the respondent/mother.
3. The appellant/father is present today. Mr. Rajashekar Thallapally, learned counsel for the appellant states that the F.C.A.No.15 of 2021 Page 1 of 2 appellant/father has an apprehension that the respondent/mother might shift the child from out of Hyderabad to any other place or to another country and if that happens, then he would not be able to have access to the child at all.
4. Learned counsel for the respondent refutes the aforesaid submission and states that the respondent/mother is gainfully employed in Hyderabad, has admitted the child in a school in Hyderabad and she has no intention of changing her place of residence. He submits that even if she does propose to change her place of residence in the future, the respondent/mother undertakes to approach the learned Family Court and seek prior permission.
5. The respondent/mother is bound down by the statement made on her behalf as recorded above. She shall file an affidavit within one week on the same lines with a copy furnished to learned counsel for the appellant.
6. In our view, the aforesaid statement is sufficient to assuage any anxiety expressed by learned counsel for the appellant about being deprived of access to the minor child. With these directions, the present appeal is disposed of along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 22.06.2021 JSU F.C.A.No.15 of 2021 Page 2 of 2