ORDER

The above revision is filed by father of the Ward against the order dated 06.02.2023 in I.A.No.742 of 2022 in FCOP No.176 of 2022 on the file of Judge, Family Court-cum-XII Additional District Judge, Guntur.

2. Grandmother filed FCOP No.176 of 2022 under section 10 of Guardians and Wards Act, 1890 praying the court to appoint her as guardian for the minor children.

3. In the petition, it was contended that the marriage of her daughter with respondent was solemnized on 24.11.2016 at Police Kalyanamandapam, Guntur. Respondent along with her wife late Smt. Sravani lived together at the respondent’s house at Hyderabad. Out of their wedlock, they were blessed with two children viz., Badinedi Dhakshith and Badinedi Harshith. Wife of the respondent and daughter of the petitioner committed suicide on 21.02.2021. Respondent promised to settle an extent of Ac.3.50 cents of agricultural land and Ac.0.12 cents of vacant site in favour of minor children besides providing Rs.50,000/- to both the children from his salary every month towards maintenance and education expenses. However, the respondent did not keep up his words. Petitioner’s husband got issued registered legal notice dated 25.10.2021 but respondent did not respond. Respondent is working as Software Engineer in Infosys and hence petition was filed under section 10 of Guardian and Wards Act.

4. Pending the FCOP No.176 of 2022 respondent (father) filed I.A.No.742 of 2022 under section 12 of Guardians and Wards Act seeking interim custody of the minor children or to provide visiting rights. In the affidavit filed in support of the petition, it was contended that the grandmother is not in a position to pay attention of the minor children. He will take care and interest of the minor children and he is a natural guardian.

5. Counter was filed by grandmother opposing the application. Trial court by order dated 06.02.2023 dismissed the application and aggrieved by the same, the above revision is filed.

6. Heard Sri K.V. Vijaya Kumar, counsel for the petitioner and M/s. Lakkakula Sowjanya, counsel appearing for respondent.

7. Both counsels argued the matter at length. Grandmother filed affidavit vide USR No.48175 of 2023, dated 05.05.2023. The relevant portion in the affidavit is extracted herein:

“.….I never object the revision petitioner to visit the minors at my home and also in future also we never prevent him to visit minors at any point of time during their school holidays i.e., second Saturday and Sunday of every month instead of court premises…..”

8. In view of the undertaking affidavit filed by Grandmother, this court inclined to dispose of the revision petition, keeping in view of the interest of the minor with the following directions:

The Father is allowed to visit minor children on every Saturday and Sunday between 10.00 A.M. to 5.00 P.M. The Grandmother of the children (mother-in-law) shall allow the father to spend time with the children and also provide congenial atmosphere. Father shall not create any disturbance or create hurdles during the visiting time. Father, in the guise of visiting rights shall not take away the minor children from the house of grandmother pending disposal of FCOP No. 176 of 2022. Grandmother shall not create any obstructions to the father to visit the minor children and spending time with minor children. The petitioner shall not move the minor children without the permission of grandmother out of the house during the visiting hours.

9. With the above directions, the revision petition is disposed of. No order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

________________________________ JUSTICE SUBBA REDDY SATTI Date: 10.05.2023 SR