AKELLA LALITHA Vs. KONDA HANUMANTHA RAO

JUDGEMENT

(1.) These appeals impugn common final judgment dtd. 24/1/2014 in F.C.A. no. 236 of 2011 filed by the respondents and F.C.A. No. 403 of 2012 filed by the appellant; passed by the High Court of Andhra Pradesh. In these appeals, the subject matter of dispute between the mother and the parents of the deceased father of the child (grandparents) is the surname given to the child. While the issue of visitation rights was also advanced in the pleadings, no arguments were made in Court regarding same and therefore we have not considered the judgment of the High Court on the said aspect.

(2.) The Appellant married Konda Balaji, son of respondents, on 18/12/2003. A Child was born out of the wedlock on 27/3/2006. However, the husband of the Appellant expired on 14/6/2006. At the time the child was merely 2 1/2 months old. Thereafter, the Appellant married Sri Akella Ravi Narasimha Sarma, a Wing Commander in IAF on 26/8/2007. Out of this wedlock, the couple had a child and they live together. Presently, the child Master Ahlad Achintya is still a minor aged 16 years and 4 months.

(3.) On 9/4/2008, the respondents had filed a petition under Sec. 10 of the Guardian and Wards Act, 1890 for appointing them as Guardians of Master Ahlad Achintha, son of the appellant. At the time of filing the petition the child was aged about 2 years old and the respondents made the following prayer: