Koona Mohammed Yunus vs Rabiya Nusrat
2022 Latest Caselaw 2013 AP

         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