HON'BLE SRI JUSTICE K. LAKSHMAN
AND
HON'BLE SMT JUSTICE K. SUJANA
FAMILY COURT APPEAL No.121 of 2022
JUDGMENT: (per Hon'ble Sri Justice K. Lakshman)
Sri Vijay B. Paropkari, learned counsel appearing for
the appellants and Sri G. Tirupathi Reddy, learned
counsel appearing for the respondent. Perused the record.
2. This appeal is filed challenging the order dated 07-07-2022 in GWOP No.30 of 2021 passed by the learned III Addl. District and Sessions Judge - cum - II Addl. Metropolitan Sessions Judge - cum - Prl. Family Court, Medchal-Malkajgiri district at Kukatpally. Appellants filed an application under Sections 7, 10 and 25 of Guardians and Wards Act, 1890 seeking visitation rights of their grand-son i.e., Master M. Sreevanth, aged about 12 years on every Saturday and Sunday and to permit them to speak with the minor boy over cell phone. 2
F.C.A.No.121 of 2022
3. Vide order 07-07-2022, Court below dismissed the said application. It is the specific contention of appellants herein that their son Mr.M. Surya Satya Sai Prasad married respondent herein on 09-03-2008. They blessed with boy viz., Master M. Sreevanth on 15-07-2011 in USA. Thereafter their son died on 24-10-2015 and their grandson is staying with his mother - respondent. Therefore, they filed the present application seeking visitation rights on every Saturday and Sunday and to permit them to speak with the minor boy over cell phone.
4. Respondent herein filed counter. Court below dismissed the said GWOP vide order dated 07-07-2022. Perusal of the impugned order would reveal that neither the appellants nor the respondent produced any evidence in support of their contentions and they have not even marked any documents. Even then, the Court below gave certain findings in paragraph No.7 of the aforesaid GWOP and the same are without any basis. Court below cannot decide a petition like this without any evidence and also 3 F.C.A.No.121 of 2022 documents, which is contrary to the principles laid down by this Court and Hon'ble Apex Court in catena of decisions. Family Court will have the benefit of interacting with the parties, considering entire evidence, both oral and documentary and also other aspects while deciding the said application. There is no consideration of the said aspects in the impugned order.
5. In the light of the aforesaid discussion, without going into the merits and demerits of the case, only on the said ground, the impugned order dated 07-07-2022 in GWOP No.30 of 2021 is set aside. Matter is remanded back to learned III Addl. District and Sessions Judge - cum - II Addl. Metropolitan Sessions Judge - cum - Prl. Family Court, Medchal-Malkajgiri district at Kukatpally, with a direction to decide the said GWOP, strictly in accordance with law, by permitting the appellants and respondent to lead evidence and file documents in support of their case. Parties are also at liberty to lead evidence and file documents in support of their respective contentions. 4
F.C.A.No.121 of 2022 Liberty is also granted to the appellants to file Interlocutory Application seeking visitation rights of the minor boy and it is for the Court below to decide the same, strictly in accordance with law. Court below shall interact with the parties. Court below shall decide the said GWOP afresh, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order.
6. Accordingly, this Family Court Appeal is disposed of. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Family Court Appeal shall stand closed.
____________________ K. LAKSHMAN, J _________________ K. SUJANA, J September 22, 2023 PN 5 F.C.A.No.121 of 2022 HON'BLE SRI JUSTICE K. LAKSHMAN AND HON'BLE SMT JUSTICE K. SUJANA FAMILY COURT APPEAL No.121 of 2022 (per Hon'ble Sri Justice K. Lakshman) September 22, 2023 PN