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2025 DAILYLAW 18772 (AP)

GATTU SIVA KUMAR v. DASARI NEELIMA

CRP/1472/2025 · 2025-08-13

Battu Devanand

body2025

Judgment text

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APHC010259922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 5 B THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION NO: 1472 OF 2025 Petition filed under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to direct the Family Court, Guntur to decide the I.A.No.594 of 2024 in F.C.O.P.No.279 of 2024 in accordance with law, as expeditiously as possible and in any event, not later than one month. Between: Gattu Siva Kumar, S/o.Kotaiah, aged about 35 years. Business, R/o.D.No.4-6-60, Koritepadu, Hanumayya Nagar, Guntur. ...Petitioner/Petitioner In I.A.No.594/2024/ Petitioner in FCOP No.279/2024 AND Dasari Neelima, W/o.Gattu Siva Kumar, D/o.Dasari Ajay Kumar, aged about 35 years. Doctor, R/o.2'^'^ Floor, Srinivasa Hills Apartment, 6/13A, Brodipet, Guntur. ...Respondent/ Respondent in I.A.No.594/2024/ Respondent in FCOP No.279/2024 lA NO: 1 OF 2025 Petition filed under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with filing of Certified Copy of Petition, Counter and Docket Orders in I.A.No.594 of 2024 in FCOP No.279 of 2024 on the file of the Family Court, Guntur. li Counsel for the Petitioner : SRI PADALA VENKATA SRIRAM REDDY Counsel for the Respondent: SRI ARUN SHOWRI G The Court made the following ORDER : HON’BLE SRI JUSTICE BATTU DEVANAND PF\/l.qinN PETITION Nr> 1472 OF 2025 THE CIVIL ORDER: Heard both sides. Perused the record filed seeking direction for in F.C.O.P.No. 279 of 2024 on the _ XII Additional District This civil revision petition has been expeditious disposal of I.A.No. 594 of 2024 in Court of learned Judge, Family Court - cum 2. file of the Guntur (for short, 'the trial Court') and Sessions Judge 279 of 2024 on the file of the for custody of the minor child. Along interlocutory application for interim in weekend days. The said application was The petitioner-husband filed F.C.O.P.No. trial Court against the respondent-wife with the said O.P., the petitioner filed an custody of the minor child at least in I.A.No. 594 of 2024. 3. The respondent filed counter on been pending before the trial numbered as 29-11-2024. Since then, the application has Court and interim custody of the minor child is not granted and the respondent allowing the petitioner to at least have a Under the circumstances, the petitioner is . glance of his minor child is not is constrained to approach this Court by filing the present civil revision petition 25-04-2024 and the trial 29-08-2024 and Thereafter, the trial unreasonable and Admittedly, I.A.No. 594 of 2024 was filed on respondent therein to file counter on respondent filed counter on 29-11-2024 4. Court directed the accordingly, the Court is not passing orders in I.A.No. 694 of 2024 which is J 2 unjustifiable. As and when the petitioner is seeking orders from the trial Court to have a glance of his minor child at least in weekend days, the trial Court ought to have passed appropriate orders on merits in accordance with law within a reasonable period but keeping the said application nearly for one year is unjustified. In view of the same, in the considered view of this Court, it is just and 5. reasonable to direct the trial Court to pass appropriate orders in I.A.No. 594 of 2024 in F.C.O.P.No. 279 of 2024 within the time to be stipulated hereunder. Accordingly, the civil revision petition is allowed with a direction to 6. learned Judge, Family Court - cum - XII Additional District and Sessions Judge, Guntur, to pass appropriate orders in I.A.No. 594 of 2024 in F.C.O.P.No. 279 of 2024 in accordance with law within a period of three weeks from the date of receipt of copy of this order. Pending miscellaneous applications, if any, shall stand disposed of in consequence. SD/- SK.MOHAMMED RAFI ASSISTANT R^fSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judge, Family Court-cum-XIl Additional District and Sessions Judge, Guntur. 2. One CC to Sri Padala Venkata Sriram Reddy, Advocate [OPUC] 3. One CC to Sri Arun Showri G, Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi 5. Two CD Copies BSV TAC HIGH COURT DATED:14/08/2025 ORDER CRP NO. 1472 OF 2025 ALLOWING THE CIVIL REVISION PETITION