1. This revision is directed against the interlocutory order passed by the Judge, Additional Family Court, City Civil Court at Hyderabad, dated 22-01-2010 in I.A.No.196 of 2009 in O.P.No.1247 of 2009.

2. The said O.P. together with interlocutory application was filed by respondents 1 and 2 herein seeking relief as follows:

“This Hon’ble Court may be pleased to declare and appoint the petitioners who are the natural parents as the guardians and direct to the respondents to handed over the minor child into the custody of the petitioners of the person of the minors by name Azhar Ali Khan @ Anas Ali Khan aged 4 months and pass any such other orders.”

3. The interlocutory application No.196 of 2009 was moved by the respondents herein against the petitioners herein for interim custody of their aforesaid son till disposal of the main petition. Under the impugned order the Family Court has ordered the interim custody in favour of the respondents herein and aggrieved thereby the present revision petition is filed by the petitioners herein.

4. The facts which lead to filing of the aforesaid Guardianship O.P. are as follows:

a) The respondents herein are husband and wife and are natural and biological parents of the minor child. It is alleged that the respondents begot 3 sons after they were married on 24-02-2003. They were blessed with this minor child i.e., third son on 04-05-2009. The first respondent – mother was however suffering from high Blood pressure (B.P.) and other medical problems during the prenatal and postnatal period and as she had undergone two caesarean operations as well as family planning operation she was advised three months complete bed rest and was also advised that it would be appropriate to entrust the care of the newly born infant to any member of the family as the first respondent was unable to produce milk required for the child.

b) The mother-in-law of the first respondent i.e., the mother of the second respondent was already taking care of the two sons of the respondents and on account to the old age and as she has her own health problems, expressed inability to take care of the newly born infant and advised the respondents to entrust the responsibility to the petitioners herein who are none other than the sister-in-law and brother of the second respondent herein.

c) Accordingly, the first petitioner accepted to look after and take the responsibility of the infant. It is also stated that the petitioners are well educated who are issueless and were also interested in raising the infant. After recovering from the health problems the first respondent – natural mother was advised by the Doctors that now she is physically eligible to take care of the responsibility of the infant and accordingly, the respondents requested the petitioners to return the infant. But it is alleged that the petitioners kept on postponing the same and ultimately refused to part with the infant leading to the petitioners approaching the Additional Family Court, Hyderabad by filing O.P.No.1040/2009 for relief of injunction against the respondents and obtained temporary injunction in I.A.No.23/2009 filed therein whereby they secured an interim injunction against the respondents from interfering with the custody of the child. The respondents there upon approached the Additional Family Court seeking vacation of injunction and also filed the present O.P.No.1247 of 2009 together with an application I.A.No.196 of 2009 for temporary custody.

5. It is stated that after hearing both sides I.A.No.23 of 2009 in O.P.No.1040 of 2009 was dismissed by the Family Court by vacating the interim injunction order earlier granted in favour of the petitioners herein. Subsequently, the petitioners withdrew O.P.No.1040 of 2009 by filing a memo before the Family Court. The present impugned order is thereafter passed by the Family Court granting temporary custody to the respondents herein. It is in these circumstances that the present Civil Revision Pe