ORDER

Parties in both the revisions are one and the same and they raise common issue. Therefore, with their consent, they are being disposed of by a common order.

2. These Civil Revision Petitions are filed against the common order of the learned I Additional Family court-Cum-

XIV Additional Metropolitan Sessions Judge, Hyderabad, dated 04.09.2023 dismissing I.A.No.396 of 2023 and disposing off I.A.No.745 of 2023 in O.P.No.562 of 2023.

Both these revision petitions are filed by the petitioner herein praying the Court to revise/modify the common order dated 04.09.2023 passed by the trial Court.

3. The order of the trial Court reads as under: (i) I.A.No.396/2023 is dismissed.

(ii) I.A.No.745/2023 is disposed off by granting the temporary custody of minor boy to the parents as follows:

(a) The father will have the custody of the minor from Sunday evening 5 p.m., to till Friday morning.

(b) The mother has to pickup the child from the school on Friday and will handover the custody of the child to the father on Sunday at 5 p.m., (c) In all vacations, and on festivals the child custody shall be shared equally by the both parents.

(d) On birthdays, both parents if possible can celebrate the birthdays jointly or otherwise they have to celebrate the birthdays the child shall stay with one parent upto 4 p.m., and over night with other parent until further orders.

4. Heard both sides. Perused the record.

5. I.A.No.396 of 2023 was filed by the respondent herein to grant temporary injunction restraining the petitioner herein from taking illegal custody of minor child, Mohammed Ali. I.A.No.745 of 2023 was filed by the petitioner herein to restore the care and custody of the minor child in favour of the petitioner herein.

6. Learned counsel for petitioner stated that the marriage of the petitioner and respondent was performed on 26.08.2018. They were blessed with a son on 27.05.2019 and a daughter on 04.11.2011. The minor son is separated from his biological mother and his sister. As per Muslim Personal Law, the custody of a child of such tender age is only with the mother and in the absence of the mother custody is with the maternal grandmother but not paternal grandmother. Petitioner and respondent entered into a Mutual Understanding Agreement on 17.02.2023 after a compromise was reached between the parties with the intervention of Sub Inspector and the petitioner was compelled to agree as she has no other option. Respondent has a criminal record and he is a rowdy sheeter who was booked in the year 2016 as involved in a murder case and the same is pending. Respondent claims to be proprietor at a jewellery shop, Nizamuddin Jewellers and he spends his entire day loitering around with his friends and his mother cannot take care of the minor child due to her advanced stage and thus requested the Court to revise/modify the common order of the trial Court by granting custody of the minor boy to the petitioner.

7. Learned counsel for respondent filed C.R.P.No.2934 of 2023 against the common order of the trial Court dated

04.09.2023, in which the contemporaneous bench passed an order as follows:

Taking into consideration the observations that the Court below has made, particularly the conditions put forth, this Court does not find any error on the part of the Court below in passing of the impugned order.

Moreover, the impugned order seems to be reasonable and a balance order in the interest of both the parties and also much in the interest of the minor child itself.

8. Learned counsel for respondent contended that the order of the trial Court was found to be aggreed by the contemporaneous bench and there is no need to pass further orders in the present civil revision petitions and both the petitions can be dismissed. Whereas the learned counsel for petitioner stated that they have raised several other points and also requested for modification of the order in view