K. Chakradhar Reddy vs State Of Telangana

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner/father of the minor child by name K. Deydipya Reddy, seeking a direction, more particularly, in the nature of writ of Habeas Corpus, directing the respondent Nos.6 and 7 to handover the custody of the said minor child.

Heard the submissions of Sri P. Sri Harsha Reddy, learned counsel for the petitioner, Sri G. Malla Reddy, learned Assistant Government Pleader for Home, appearing for the respondent Nos.1 to 5, Smt. K.Rajitha, learned counsel for the respondent Nos.6 and 7 and perused the record.

Admittedly, the petitioner herein is the father of the minor child by name K. Deydipya Reddy, and the respondent Nos.6 and 7 are the maternal grandparents of the said child. This Court vide order dated 26.04.2022 directed the respondent Nos.6 and 7 to produce the said minor child before this Court. Pursuant to the said order, the minor child is produced before this Court today and this Court is pleased to interact with the minor child in the Chambers. In the course of interaction with the minor child, she disclosed that she is 11 years old and she has completed VI Class and likely to join VII Class in the coming Academic Year 2022-23. She stated that she is willing to stay with her maternal grandparents i.e, respondent Nos.6 and 7. Since she has Summer Holidays, she is staying with her maternal aunt by name Yanala Jhansi Rani, in Saroornagar, Hyderabad and wanted to stay there till 15.06.2022. Thereafter, she will go back to Suryapet (where her maternal grandparents reside) and pursue her studies there.

While granting custody of a child, the Court has to see the paramount consideration, interest and welfare of the child. The explanation (g) in Section 7(1) of the Family Courts Act, 1984 provides that the Family Court has jurisdiction to grant the custody of the child to a proper person and to make that right person the guardian of a minor.

Admittedly, the respondent Nos.6 and 7 have no adverse interest against the minor child. The minor child is comfortable in the company of respondent Nos.6 and 7 and she intends to prosecute her studies in Suryapet, being in their custody. In view of Section 7(1)(g) of the Family Courts Act, the Family Court has jurisdiction to examine the appointment of guardian and entrustment of custody of the minor child taking into consideration the welfare, all-round development, growth and interest of the minor child and also certain other material facts with regard to the financial status etc., of the parties concerned. The said exercise cannot be carried out in this petition filed under Article 226 of the Constitution of India. This Court is of the view that continuation of custody of the minor child with her maternal grandparents (respondent Nos.6 and 7) would not adversely affect her interest. Anyhow, the merits in relation to appointment of guardian and entrustment of custody of the minor child are required to be decided by the Family Court concerned. In view of these circumstances, it is left open to the petitioner to workout the remedies before the Family Court concerned in relation to appointment of guardian and entrustment of custody of the minor child K.Deydipya Reddy.

Further, since the petitioner is the father of the minor child, he cannot be deprived of his visitation rights to visit the child. Love and affection of the father is very much necessary for all-round development and growth of the child. Therefore, the petitioner can be permitted to visit and interact with the child. Under these circumstances, the petitioner is granted visitation rights as mentioned hereunder:

On all Sundays commencing from 01.05.2022 (Sunday) to the Sundays falling till 15.06.2022, the petitioner is entitled to meet and interact with the minor child by name K. Deydipya Reddy, at Priyadarshini Park, Saroornagar, Hyderabad, between 5:00 PM and 7:30 PM. During such time, Smt. Y.Jhansi Rani or the respondent Nos.6 and 7, maternal grandparents of the minor child shall leave the child at the said Park and allow the petitioner to interact with the child. On completion of time stipulated above, Smt. Y.Jhansi Rani or the respondent Nos.6 and 7 are entitled to take back the minor child. This interim arrangement is made only upto 15.06.2022.

With the above observations, this Writ Petition is disposed of. It is made clear that no opinion is expressed with regard to the merits of the case. The Family Court concerned shall independently examine the issue relating to appointment of guardian and entrustment of custody of the minor child by name K.Deydipya Reddy, uninfluenced by any of the observations made in this order.

Miscellaneous petitions, pending if any, in this petition, shall stand closed. No costs.