Ms. Mounika Kodali vs Union Of India
2023 Latest Caselaw 4213 Tel

Citation : 2023 Latest Caselaw 4213 Tel
Judgement Date : 28 November, 2023

Telangana High Court

Ms. Mounika Kodali vs Union Of India on 28 November, 2023

Author: Surepalli Nanda

Bench: Surepalli Nanda

       HON'BLE MRS JUSTICE SUREPALLI NANDA

           WRIT PETITION No.32026 OF 2023


ORDER:

Heard the learned counsel for the petitioner and

learned Senior Counsel Smt. N.V.R. Rajya Lakshmi

appearing on behalf of the respondents.

2. The petitioner approached the Court seeking

prayer as under:

"to issue writ or order or direction, more so in the nature of writ of mandamus declaring the action of the respondents No.2 and 3 herein in not considering the application vide Ref No.HY2065589186723 dated 29.06.2023 and issuing fresh passport to the 2nd petitioner as illegal, arbitrary, high handed and violative of articles 14 and 21 of Constitution of India"

CASE OF THE PETITIONER, IN BRIEF:

3. It is the specific case of the petitioner that custody of

the child is with the petitioner as per the judgment and

decree dated 10.04.2023 passed in O.P.No.264 of 2018 and

the petitioner had submitted application dated 29.06.2023

along with Annexue-C in view of the judgment dated

10.04.2023 passed in O.P.No.264 of 2018 by the I Additional

Family Court, Hyderabad. It is further the case of the 2 WP_32026_2023 SN,J

petitioner that the petitioner filed a detailed representation

dated 09.11.2023 addressed to the Registrar Officer, RPO,

Hyderabad, and requested for issuance of fresh passport for

petitioner's minor daughter, wherein it was very clearly and

specifically stated that the child was in the custody of the

petitioner since her birth and that the father of the child had

never visited the child nor ever asked for the custody of the

child. The respondent Nos.2 and 3 neither considered the

application of the petitioner dated 29.06.2023, nor petitioner's

representation dated 09.11.2023 till as on date. Aggrieved by

the same, the petitioner approached the Court by filing the

present writ petition.

DISCUSSION AND CONCLUSION

4. Paragraph Nos.12 and 21 of the judgment dated

10.04.2023 in O.P.No.264 of 2018, read as under:

"The evidence of PW1 established that the respondent used to doubt her character and not interested in their daughter. The respondent in his counter pleaded that the petitioner spent huge amount on the birth of the child. This itself established that the respondent is not interested in baby girl and never taken care of his daughter at any point of time.

3 WP_32026_2023 SN,J

In the result, the petition is allowed by dissolving the marriage of the petitioner with respondent, dated 16.10.2016 and by granting permanent alimony of Rs.50,00,000/- to the petitioner. The respondent is directed to deposit the said amount by way of F.D. in the name of minor. The petitioner is entitled to withdraw the accrued on F.D. amount for the welfare of minor till the minor attains majority. The decree of dissolution of marriage comes into force from the date of deposit of Rs.50 lakhs by way of F.D. in the name of minor. No costs."

5. Taking into consideration the aforesaid facts and

circumstances of the case and the fact that the child had been

in the custody of the petitioner since her birth and also the

observations in the judgment dated 10.04.2023 passed in

O.P.No.264 of 2018, in particular, paragraph Nos.12 and 21,

(referred to and extracted above), and also duly considering

the petitioner's representation dated 09.11.2023, respondent

Nos.2 and 3 are directed to dispose of the application vide

reference No.HY2065589186723 dated 29.06.2023 submitted

by the petitioner along with Annexure-C for issuing fresh

passport to petitioner No.2 duly considering the contents of

petitioner's representation dated 09.11.2023, within a period