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2026 Supreme(Online)(Tel) 5930

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
Mrs. D.J.Swetha – Appellant
Versus
Mr.Dandupati Rajesh Kumar – Respondent
CRP 317/2026



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE K. LAKSHMAN CIVIL REVISION PETITION No.317 of 2026 DATE OF ORDER: 06.02.2026 Between:

D.J.Swetha ..Petitioner AND Dandupati Rajesh Kumar ..Respondent This Court made the following:

ORDER:

Heard Mr. Polisetty Radha Krishna, learned counsel for the petitioner.

2. This Civil Revision Petition is filed under Article 227 of the Constitution of India, assailing order dated 22.01.2026 in I.A.No.12 of 2026 in GWOP No.24 of 2024 passed by the learned Additional Family Court-cum-II Additional District and Sessions Judge, Medchal – Malkajgiri at Medchal.

3. Respondent had filed a petition vide GWOP No.24 of 2024 seeking permanent custody of his minor daughter. During pendency of the said GWOP, he has filed an interlocutory application vide I.A.No.12 of 2026 under Section 26 of the Hindu Marriage Act, 1955 seeking visitation rights on 26.01.2026 to celebrate his daughter’s birthday from 10.00 AM to 04.00 PM. Vide order dated 22.01.2026, learned Family Court allowed the said application and permitted the respondent to visit the child at the residence of the petitioner herein where the child is presently residing on 26.01.2026 only between 04.00 PM to 05.00 PM. Respondent is not permitted to celebrate the birthday of the minor child. Petitioner/mother is directed to permit the respondent/father to visit and speak with the child without objection.

4. Petitioner filed the present revision contending that the respondent instead of coming alone to see the child, in compliance with order dated 22.01.2026 in I.A.No.12 of 2026, came along with his mother, father and sister and created galata. Petitioner is ready to produce CCTV footage. Therefore, there is every possibility of the respondent filing contempt case before the learned Family Court alleging violation of the aforesaid impugned order.

5. According to the learned counsel for the petitioner, learned Family Court interacted with the child and granted interim order. In fact, child was not interested in meeting the father. Without considering the said aspects, learned Family Court allowed the aforesaid application.

6. Perusal of record would reveal that the marriage of the petitioner with the respondent was performed on 26.11.2005 and they were blessed with a female child on 26.01.2010. The child is with the petitioner herein. Therefore, respondent has filed the aforesaid GWOP No.24 of 2024 seeking permanent custody of the child. It is also not in dispute that the birthday of the child was on 26.01.2026. Therefore, he has filed the aforesaid I.A.No.12 of 2026 in GWOP No.24 of 2024 seeking visitation rights for the purpose of celebrating his daughter’s birthday. Learned Family Court did not permit him to celebrate the birthday of the minor child, but granted permission to visit and speak with the minor child without any objection. There is no permission to come along with his mother, father and sister. However, the same is a disputed fact. If the respondent violated the impugned order dated 22.01.2026 in I.A.No.12 of 2026 in GWOP No.24 of 2024 passed by the learned Family Court, it is for the petitioner to bring it to the notice of the learned Family Court taking appropriate steps. If respondent files an application alleging violation of the impugned order, it is for the petitioner to file counter along with CCTV footage, etc. and counter in the said I.A. She can’t file the present revision with apprehension.

7. As discussed supra, vide impugned order, the learned Family Court permitted the respondent/father to see the child on 26.01.2026 only between 04.00 PM to 05.00 P.M. Petitioner filed the present revision on 02.02.2026. The cause in the present revision does not survive for adjudication and it has become infructuous.

8. In the light of the same, this Civil Revision Petition is disposed of granting liberty to the petitioner to file counter in the contempt case, if any, filed by the respondent alleging willful and

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