KIRAN RAJU PENUMACHA Vs. TEJUSWINI CHOWDHURY

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been preferred by the Appellant against the Final Judgment and Order dtd. 13/3/2024 in Family Court Appeal No.19 of 2024 (hereinafter referred to as the 'Impugned Judgment') passed by a Division Bench of the High Court of Telangana at Hyderabad (hereinafter referred to as the 'High Court'), by which the appeal filed by the Respondent has been allowed setting aside the order dtd. 19/1/2024 of the Principal Family Court-cum-XIII Additional Metropolitan Sessions Judge, Hyderabad in Execution Petition (hereinafter referred to as 'E.P.') No.7 of 2023 in O.P. No.421 of 2021 and remanding the matter to the learned Family Court with a direction to decide E.P. No.7 of 2023 afresh and I.A. No.865 of 2023 strictly in accordance with law.

(3.) The Appellant-father and the Respondent-mother were married as per Hindu rites and rituals on 15/4/2012 and a male child was born to the couple on 11/8/2014. Disputes arose between the parties that ultimately led to them living separately. During this time, the Respondentmother had the physical custody of their minor son. On 23/2/2021, the parties filed O.P No.421 of 2021 under Ss. 13-B('13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. (2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-sec. (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.') and 26('26. Custody of children.-In any proceeding under this Act, the court may, from time to time, pass such interim orders and, make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, alter the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may, also from time to time revoke, suspend or vary any such orders and provisions previously made: Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.') of the Hindu Marriage Act, 1955 before the Principal Judge, Family Court-cum Addl. Chief Judge, City Civil Court, at Hyderabad (hereinafter referred to as the 'Family Court') seeking divorce by mutual consent and custody for minor son. The Family Court allowed the divorce petition on 2/9/2021 and granted a decree of divorce by mutual consent and held that the Respondent-mother would have permanent custody of the minor son, and the Appellant-father would have interim custody during the weekends.