THE HON’BLE SRI JUSTICE T. VINOD KUMAR CIVIL REVISION PETITION No. 2541 of 2023

ORDER

The present Civil Revision Petition is preferred against the order dated 20.07.2023 in I.A. No. 414 of 2023 in G.W.O.P. No. 8 of 2023 passed by the II Additional Family Court-Cum- II Additional District Judge, Medchal-Malkajgiri, at Medchal.

2. The revision petitioner herein is the respondent in the main GWOP.

3. The respondents herein has filed the subject G.W.O.P before the trial Court as petitioners videG.W.O.P. No. 8 of 2023 under Section 7, 10, 25 of the Guardian & Wards Act 1890 and Section 6 of the Hindu Minority & Guardianship Act 1956 (for short ‘HMG Act’), R/w Section 7 of the Family Courts Act, 1984 forpermanent custody of minor boy and to declare the respondent No.1 as the legal guardian of minor boy i.e., respondent No.2.

4. The parties are referred to as arrayed in the present revision petition.

5. The respondents herein had filed an interlocutory application vide I.A. No. 414 of 2023 in G.W.O.P. No. 8 of 2023 under Order 32 rule 4 of Civil procedure Code (for short ‘CPC’) to permit the respondent No.1 to act as a legal guardian for the purpose of renewing the passport of the respondent Nos.2 and 3 herein.

6. The brief facts of the case before the Court below are that respondent/petitioner No.1 is the legally wedded wife of the petitioner herein; that the marriage between the petitioner and the respondent No.1 was solemnized on 28.09.2010 at Arya Samaj Mandir, Shah-Ali-Banda, Hyderabad, as per Hindu rites and customs; that out of their wedlock they have two children i.e., respondent Nos. 2 and 3.

7. The respondent No.1 contended that soon after the marriage, she went to the United States of America for employment and the petitioner/respondent joined her in 2011 for pursuing higher studies; that the petitioner was sponsored by the respondent No.1 under a dependent visa; that she bore all the expenses for the education and maintenance of the petitionerin U.S.A and during their stay in the United States, the petitioner got addicted to bad vices and started subjecting her to abuse, harassment, and both physical and mental cruelty.

8. The respondent No.1 also contended that they returned to India in April 2018, at which time she was pregnant with their second child; that the petitioner allegedly showed no interest in the maintenance or welfare of the respondent No.1 and their children; that from April 2020, the respondents began residing separately, first at Kukatpally and subsequently at Shaikpet; that despite all the efforts by the respondents, the petitioner never changed his attitude and remained indifferent to his duties as a husband and father, and instead, filed a divorce petition bearing FCOP No. 582 of 2022 on

29.03.2022 by suppressing all the relevant material facts.

9. The petitioner/respondent filed a counter affidavit denying the averments made by respondent No.1 and contended that the underlying interlocutory application was filed by respondent No.1 with malicious intent by deliberately suppressing material facts. The petitioner/respondent further contended that all the allegations of cruelty, harassment, and abandonment are false and denied; and that respondent No.1, acting under the influence and instigation of her mother and other relatives, had, in fact, subjected him to harassment.

10. The petitioner herein contended that he has never neglected his responsibilities and denied any kind of financial dependence on the respondent No.1; that he is currently well-employed in a software company and draws salary of approximately Rs. 20,00,000/- per annum, which is sufficient to maintain the minor children; that he had requested the respondent No.1 to postpone their meeting with embassy officials, but the respondent No.1 fabricated a false version of events and misused the situation to her advantage; that the respondent No.1 is attempting to convert the children to Islam and even tried to convert him; that the present petition is no