D.N. MANIMANJARI Vs. S. VIRUPAKSHESWARA RAO

JUDGEMENT

(1.) The revision petitioner is no other the wife of the revision respondent. The O.P.No.1084 of 2013 was filed by the revision petitioner by name Smt. D.N. Manimanjari, advocate as per the revision cause title, against her husband by name S.Virupakshewara Rao, for divorce under Section 13 of Hindu Marriage Act and therein she also sought for permanent custody of the minor children i.e., Master S. Pradyumna born on 03.09.2003 and baby S.Pravalika born on 22.05.2006 and also sought for permanent alimony of Rs.25,00,000/- and Rs.50,000/- per month towards maintenance and education expenses of the 2 minor children and for costs.

(2.) The said divorce petition with custody petition, permanent alimony and maintenance reliefs was filed on 07.08.2013 and the same is under contest. She also filed it appears DVC.No.58 of 2014. In the pending DVC, Crl.M.P.No.1605 of 2014 filed by her husband under Section 21 of PWDV Act seeking visitation rights of the 2 children. On contest by order dated 24.03.2016, the learned IV Metropolitan Magistrate, Hyderabad, dismissed the petition while saying relationship not in dispute and the 2 children are staying with mother who are away to the petitioner and the 2 children were when interviewed as to willing to meet their father, they stated they are not interested and thereby they cannot be compelled to meet their father to consider his request for visitation rights, but for to decide in a custody petition in considering the interest of the children and thereby without consent of children he cannot direct the children to visit their father. Leave about the correctness of the order and any appeal filed under Section 29 of PWDV Act against it or not, even from the very order that is not the be all and end all in considering any entitlement to custody and visitation rights or not. That order in DVC case was dated 24.03.2016. The father of the children filed in the main divorce-cum-custody-cum-permanent alimony and maintenance petition supra, I.A.No.534 of 2014 seeking visitation of rights of children on every Saturday and Sunday. It is in saying the mother of the children who is his wife not allowing him to see the children for the last one year which swindles the love and affection of the children towards him and vice versa and he is liking the children a lot and he is curious of seeing them a lot.

(3.) The counter filed in opposing by mother of the children with whom the children are is with the contest that he never tried to reach the children nor expressed love and affection and was arrogantly behaving with the children and even beating cruelly and threatening them with dire consequences and the son got disturbed and went in depression and was treated by psychiatrist and the children are very much afraid of the behaviour of the father and are reluctant to interact with their father on account of previous experience hence to dismiss the petition. From that contest by impugned order dated 06.10.2017, the learned Judge Family Court, Hyderabad, permitted the father of the children to see and interact on every Sunday between 10 AM and 12 Noon before the Secretary, District Legal Services Authority, City Civil Court, Hyderabad and with observations in support of that order that the main petition O.P.No.1084 of 2013 is under contest and evidence is in progress since coming for respondents evidence after petitioners evidence recorded and it may consume some more time for its disposal. The children are in the care and custody of the mother and the petitioner being the father of the children apart from natural guardian is also entitled to see and interact with the children to share love and affection and such interaction and sharing of love and affection would go long way for healthy growth and nourishment of children and it gives encouragement and motivation to the children besides acquire knowledge by sharing the love and affection of their father equally which is like the affection they are sharing with the mother and thereby entitled to that limited visiting rights. It is impugning the same, present CMA is filed by mother of the children with the contentions that the impugned order of the lower Court is unsustainable, contrary to law, even doctor advice the father of the children not to confront the child until get back to normalcy since in disturbed condition, it was not considered by the lower Court and the son is studying 9th class and daughter is studying 7th class. The father of the children never felt any responsibility in up bringing the 2 children and not even paid a single pie for the past 3 years and already in DVC case for the visitation rights sought, it was ended in dismissal. There was an order in DVC case exparte for payment of interim maintenance and it is under execution and with great difficulty paid some time and stopped for past 3 months and when the visitation rights of the children application in I.A.No.534 of 2014 pending before the Court since past 2 years all of a sudden in allowing the same when the matter is in progress of trial is also contended as unsustainable that too even children are expressing their unwillingness as can be seen from the order in DVC case and the learned Judge of the Family Court did not even examined the children of their views before ordering the visitation rights and thereby the order is liable to be set aside.