HON’BLE SRI JUSTICE K. LAKSHMAN AND HON’BLE SMT. JUSTICE P. SREE SUDHA FAMILY COURT APPEAL Nos.163 AND 174 OF 2023 C OMMON JUDGMENT: (Per Hon ’ble Sri Justice K. Lakshman)

Lis involved in both the appeals and the parties are one and the same. Therefore, both the appeals being heard together and decided by way of this common order.

2. Heard Sri Mohd.Azhar, learned counsel for the appellant/wife in FCA No.163 of 2023 and respondent-wife in FCA No.174 of 2023; Mr. T.Bala Mohan Reddy, learned counsel representing Ms. K.Ramya, learned counsel for respondent/husband in FCA No.163 of 2023 and the appellant/husband in FCA No.174 of

2023.

(For sake of convenience, the parties herein are referred to as they are arrayed in FCA No.163 of 2023).

3. FCA No.163 of 2023 is filed by the appellant/wife being aggrieved and dissatisfied with the order dated 01.05.2023 passed in OP No.262 of 2022 by the I Additional Family Court at Hyderabad, insofar as declaring custody of 1^st and 2^nd children and appointing husband as guardian whereas, FCA No.174 of 2023 is filed by the respondent/husband against the same order.

4. Facts:

i. The marriage of the appellant/wife with the respondent/

husband was performed on 05.01.2007 as per Muslim rites and customs.

ii. It is an arranged marriage.

iii. Thereafter, they left for USA. They blessed with three children.

iv. The first child ‘Muskan Fatima’ was born on 10.08.2008 in India, aged about 15 years and pursuing her 11^th Standard in USA at present; Second child ‘Mohammed Mujeeb Khan’ was born on 07.12.2009 in USA, aged about 14 years and pursuing 9^th Standard in USA at present and third child was born on 10.10.2012 born USA, aged about 11 years and pursuing 5^th Standard at St.Georges Grammer School, Abids, Hyderabad.

v. The marriage of the parties was registered on 30.08.2010 vide marriage certificate Sl.No.001112, dated 30.08.2010. Wife is a school Teacher and husband is a Software Engineer.

vi. The parents of the wife are residing in India.

vii. Thereafter, matrimonial disputes arose between them.

viii. They have obtained divorce certificate vide Sl.No.001650 dated 24.11.2018 issued by the Telangana Wakf Board. However, husband filed O.P.No.1743 of 2022 to declare the said certificate as null and void and the same is pending.

ix. Wife came to India along with three minor children on

09.02.2019.

x. According to the husband, she came to India in 2018 itself.

xi. She has also lodged a complaint with the Women Police Station, South Zone, who in turn, registered a case in Cr.No.42 of 2021 for the offences punishable under Sections 498-A and 506 of IPC and sections 3 and 4 of the Dowry Prohibition Act.

xii. On completion of investigation, the Investigating Officer laid charge sheet and the same was taken on file vide C.C.No.7084 of 2022. The same is pending on the file of the learned V Additional Chief Metropolitan Magistrate, Nampally.

xiii. Wife initially joined the said children in a school at Saidabad, Hyderabad and thereafter, she has shifted the children to St. Georges Grammer School, Abids, Hyderabad. Presently, they are pursuing online education.

i. She has filed a petition vide O.P.No.1915 of 2021 under Sections 7, 10 and 25 of Guardians and Wards Act, 1890 before Judge, Family Court Hyderabad, to declare her as a guardian of three children, to grant permanent custody of the three children and to grant injunction restraining the respondent/husband, his agents, assigns, or anybody claiming through or under him from taking away the minors from Hyderabad without following due process and without taking her permission.

xiv. The husband also filed a petition vide GWOP No.262 of

2022 under Sections 7, 10 and 25 of Guardians and Wards Act, 1890 before the very same Court seeking to appoint him as a guardian and grant permanent custody of three minor children to him.

xv. According to the husband, he has not received summons/notice in O.P.No.1915 of 2021 before filing of the GWOP No.262 of 2022. He came to know about filing and pendency