R V SRINATH PRASAD Vs. NANDAMURI JAYAKRISHNA

JUDGEMENT

(1.) Leave granted.

(2.) The controversy raised in this case relates to the interim custody of the two minor sons of the appellant. He has filed this appeal assailing the judgment/order dated 16th November, 2000 of the High Court of Madras in which a Division Bench of the Court ordered that interim custody of the children should be with the maternal grand-parents, the respondents herein, till the matter is finally decided by the competent Court. The Division Bench also directed the Family Court to number the petition filed by the respondents for custody of the children and dispose of the same as early as possible within three months of the date of receipt of the order. It is stated in the judgment/order that interim custody of the children is to be given to their maternal grand-parents for their better welfare and also to perform the rituals/karma of their deceased mother. The Court permitted the appellant and paternal grand-parents of the children to visit them, if they so desire, twice a month with prior intimation till the matter is finally decided. The High Court also granted liberty to the parties to move the Court under the Guardians and Wards Act and also to move for an interim custody, after withdrawing the petition filed before the Family Court. It was made clear that any observation made in the judgment/order will not prejudice either side and the arrangement made in the order is only an interim arrangement and will not create any right or prejudice to the case of either side.

(3.) The facts of the case leading to the present proceeding, shorn of unnecessary details, may be stated thus : R.V. Srinath Prasad the appellant was married to Kumudini, daughter of respondent No. 1. Two sons, Jay Viraj, now aged about 5 years and Neal Krishna aged about 3 years were born of the said wedlock. Both the parties belong to well to do families. While respondent No. 1 is the son of the late N.T. Rama Rao, the appellant is a businessman engaged in commercial activities in U.S.A. After their marriage in 1993 the couple lived in USA till December, 1999 and during the said period the two children were born, one in 1995 and the other in 1997. The wife returned to India with the two children in December, 1999 and lived with her parents-in-law at Chennai between January to July, 2000. On 24th October, 2000 the wife consumed some poisonous material in her friend's house and fell ill. After remaining in coma from 24th October, 2000 she expired on 29th October, 2000. Shortly before the tragic incident happened the wife with her two children had shifted to a flat purchased by her father - at Chennai. Before going to her friend's house on 24th October, 2000 she had left the children with her parents-in-law. The cremation of her body was done in Chennai.