Siva Rama Prasad Cherukuru vs Pragna Vasireddy
2025 Latest Caselaw 2342 Tel

Telangana High Court

Siva Rama Prasad Cherukuru vs Pragna Vasireddy on 19 February, 2025

Author: T.Vinod Kumar

Bench: T. Vinod Kumar

            THE HON'BLE SRI JUSTICE T. VINOD KUMAR
                              AND
            THE HON'BLE SRI JUSTICE PULLA KARTHIK

              Civil Miscellaneous Appeal No.526 of 2024

JUDGMENT:

(per Hon'ble Sri Justice T.Vinod Kumar)

Heard learned counsel for the appellant and learned counsel

appearing on behalf of the respondent and perused the record.

2. This Civil Miscellaneous Appeal is preferred against the order

dt.26.06.2024 in G.W.O.P.No.7 of 2022 on the file of the Principal District

Judge at Bhadradri Kothagudem, whereby the Court below had dismissed

the underlying O.P. filed by the appellant as petitioner for custody his

daughter.

3. When the appeal is taken up for hearing, learned counsel

appearing for the appellant submits that though the appellant had

approached the Court below seeking for custody of his minor daughter,

he is not pressing the aforesaid relief in the present CMA and is confining

the prayer only for granting visitation rights.

4. Learned counsel for the appellant submits that since, the appellant

is biological father, the Court below erred in not granting even visitation

rights while dismissing the custody petition filed by him, and thus, seeks

for grant of visitation rights on a fortnightly basis.

5. Learned counsel for the respondent on the other hand would

submit that the minor child is aged about 15 years and is pursuing her

X standard now and therefore, her consent may be obtained by this Court

as to whether the child would like to meet the father or not before

passing any order granting visitation rights.

6. Learned counsel for the respondent would further submit that the

Court may take note of the fact of the child is presently studying her X

Class, for which the exams are to commence from 21st March, 2025, up to

4th April, 2025 and thus, ensure the visitation rights granted would not

disturb her studies.

7. Learned counsel for the respondent would further submit that the

appellant herein has not paid the maintenance as ordered in M.C.No.12 of

2022 as per the orders in the aforesaid MC and thus, the appellant cannot

seek for granting visitation rights.

8. We have taken note of the respective contentions urged.

9. It is settled position of law that while the parents continue to fight,

the child should not be deprived of the natural love and affection of both

the parents as that will have severe impact on the growth of the child at

the tender age. Further, since, the appellant herein being the natural

father of minor daughter and since he is confining his prayer in the

present appeal only for granting visitation rights, this Court is of the view

that the appellant herein can be granted visitation rights to meet his

daughter on the second and fourth Sunday of the month between 10.30

a.m. and 1.00 p.m. However, taking note of the fact that the child is to

take SSC exam in the month of March, 2025, and the 4th Sunday of the

month falls during the exams period, the visitation rights of the appellant

for the month of March, is confined only to second Sunday of the said

month. From April, 2025 onwards, the appellant herein is granted

visitation rights to meet his daughter on every second and fourth Sunday

of the month between 10.30 a.m. and 1.00 p.m. The respondent herein

shall bring the child to Bharosa Centre of Kothagudem for providing

visitation rights to the appellant herein wherein the child is to be left with

the appellant herein within the premises of the Bharosa Centre during the

said period.

10. It is made clear that the appellant herein will not be entitled to

take the child out of Bharosa Centre premises and after shall handover

the child at 1.00 p.m. to the mother or grandparents with whom she is

presently stated to be residing with.

11. Subject to the above direction, the Civil Miscellaneous Appeal is

disposed of. Miscellaneous petitions, if any, pending shall stand closed.

No order as to costs.