KARUTURI SATYANARAYANA Vs. K KRISHNAVENI DURGA KUMARI

JUDGEMENT

(1.) A custody battle between the paternal grandparents and the mother for the person and properties of the children, Karuturi Hema Bindu, aged 16 years, and Karuturi Venkata Satya Sai Durga Vamsi Kiran, aged nearly 12 years.

(2.) By order dated 03.03.2010, the District Judge, East Godavari, Rajahmundry, allowed GOP No. 258 of 2008 filed by the mother holding that she was entitled to the custody of the children and their properties being their natural guardian and directing the paternal grandparents to render a true and proper account of the income and expenditure in respect of the children's properties from May, 2003. Hence, the present appeal under Section 47 of the Guardians and Wards Act, 1890 (for brevity, 'the Act of 1890') by the paternal grandparents.

(3.) Late Karuturi Venkata Srinivasa Rao, the son of the Appellants, married the Respondent herein, Krishna Veni Durga Kumari, on 11.03.1993. At the time of the marriage the Respondent was studying First Year LL.B. Course at Eluru, West Godavari District. She claimed to have discontinued the same upon the advice of her husband and in-laws and shifted her residence to her marital home at Pasivedala Village, Kovvur Mandal, West Godavari District. A daughter, Hema Bindu, was born to the couple on 06.08.1994 and a son, Vamsi Kiran, on 30.12.1998. While so, Karuturi Venkata Srinivasa Rao met with an untimely death on 06.05.2003 due to a snakebite. His widow, the Respondent, however continued to be under the protection of her in-laws, the Appellants herein. She stated that she was very much upset owing to the sudden death of her husband and was steeped in deep grief and shock. She further stated that she was subjected to the ancient tradition of disfiguring of a widow, against her will. On account of these circumstances, she said that she was depressed and did not come out of the house for a long period.