Telangana High Court
Seetharama Murthy Medepally vs Smt. Prathima Medepally on 22 September, 2023
Bench: K.Lakshman, K. Sujana
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.
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
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.
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
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
