Custody of children under five years is typically awarded to mothers unless there's evidence of maternal negligence; visitation rights support shared parenting while prioritizing the child's welfare.

JUDGMENT :

Namavarapu Rajeshwar Rao, J.

Heard Sri Pramod Yalamanchili, Party-in-person, appellant and Sri Usakoyeela Chandrashekar, counsel for the respondent. Perused the record.

2. The present appeal is filed by the appellant/petitioner/husband assailing the order dated 03.10.2023 passed by the learned Principal District & Sessions Judge-cum-Family Court, Medchal-Malkajgiri District at Malkajgiri, in I.A.No.102 of 2022 in F.C.O.P.No.420 of 2021, filed under Section 43 of Indian Divorce Act 1869 for grant of child custody of his son namely Yelamanchili Asher.

3. For convenience, the parties are hereinafter referred as they are arrayed in the said petition.

4. Vide the said impugned order, the Trial Court had directed the respondent to bring the ward Yalamanchili Asher on every Second Saturday at 11.00 a.m. to the Family Court at Malkajgiri and that the petitioner is permitted to spend time with his son on the above said day and place from 11.00 a.m. to 2.00 p.m. till disposal of the main O.P.

5. Initially, the petitioner filed main O.P.No.420 of 2021 under section 10(1)(i)(ix)(x) of Divorce Act, 1869 for grant of divorce on the ground of adultery, desertion and cruelty. His marriage with the respondent was performed on 04.06.2018. On 10.03.2019, respondent gave birth to a male child Yalamanchili Asher. It is stated that the respondent left the baby at her parents when he was about one month old, and lived in a room separately pursuing adultery near Vijayawada. She is attempting to keep a husband and son on the standby as a source of money, and fancy item. The petitioner came to know that the respondent has not been residing at her residence in Guntur for more than a year and she left the child with her parents who reside in Guntur. The respondent and her parents are only using the child as a source for extorting money, they do not have any love towards the child and they are harassing the petitioner to extort money from him by filing false cases.

6. It is the further case of the petitioner that he saw his son only 3 times, the first time in August 2021 at Kuchipudi Police Station, AP, the second time at Guntur court on 30^th October 2021 when the petitioner had a hearing date for 498-A case, and the third time on 30th December 2021 when the petitioner had a hearing date for 498-A case with CC. No. 466 of 2021. All the three times, the child was seen with respondent parents only, and the respondent was neither available with the kid nor available in the city. At Kuchipudi police station respondent parents informed Kuchipudi police that they came on behalf of their daughter who is in Hyderabad. Respondent parents did not even allow the petitioner to touch the kid at Kuchipudi Police Station. Since the birth of his child, he has been subjected to parental alienation. He has been deprive of love from father. Mother is not living with the child. He is left to respondent’s parents.

7. Further, the petitioner contended that he resides in Hyderabad and the child will soon turn 3 years old and will need to begin schooling. He submitted that Hyderabad has many world class international schools which would provide an excellent education environment for the child. Moreover, he also submitted that Hyderabad is being a prosperous metropolitan city which offers numerous opportunities for the child's holistic developments through music, sports and language learning. Therefore, the petitioner humbly seeks custody of the child to ensure their optimal growth and development.

8. On the other hand, it is the contention of respondent that the petitioner used to be suspicion on respondent and tortured her mentally and physically. Sometimes, the petitioner used to hit the respondent, lock her in a room and take videos of her without her knowledge. On 18.09.2018 night, the petitioner forced the respondent to commit suicide and they have taken all her gold jewellery and passport. Since 10.03.2019, when she gave birth to the child and she tried to call the peti