Thammineni Jhansi Lakshmi vs The State Of Andhra Pradesh
2022 Latest Caselaw 8635 AP

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      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

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

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.,

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

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

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