POLAVARAPU RAGHUVEER v. SAJJA @ POLAVARAPU SHUSHUMNA
CRP/2123/2025 · 2025-09-03
Ravi Nath Tilhari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29865 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29865 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 (RNT,J C.R.P.No.2123 of 2025)
APHC010428542025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3299] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI CIVIL REVISION PETITION NO: 2123/2025 Between:
1. POLAVARAPU RAGHUVEER, S/O SARVESWARA RAO, AGED 48 YEARS, R/O D.NO. 2-622/2,SIVA SAI HOMES, OPPOSITE 6TH LANE MANIKYA NAGAR,KANURU,VIJAYAWADA.
...PETITIONER AND
1. SAJJA
POLAVARAPU SHUSHUMNA, W/o Polavarapu Raghuveer, D/o Sajja Sudheer Babu, Aged about 41 years, R/o D.No.74-32-17, Ashok Nagar, Vijayawada.
...RESPONDENT Petition 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 topleased to allow the Civil Revision Petition(CRP) the
Order and Decree dated 30.01.2025 in I.A.No.955 of 2022 in FCOP No.185 of 2022 on the file of The XIV Additional District Judge cum Judge, Addl. Family Court Vijayawada, and pass IA NO: 1 OF 2025 Petition 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 pleased to dispense with the filing of the certified copy of the
order & decree dated 30.01.2025 in lA.No. 955 of 2022 in FCOP. No.
2 (RNT,J C.R.P.No.2123 of 2025)
185 of 2022 by the Hon’ble Court of The XIV Additional District Judge: cum: Judge, Addl. Family Court: Vijayawada and pass IA NO: 2 OF 2025 Petition 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 pleased to stay all further proceedings in FCOP No. 185 of 2022 by the Hon’ble Court of The XIV Additional District Judge: cum: Judge, Addl. Family Court: Vijayawada, pending the Civil Revision Petition and pass Counsel for the Petitioner:
1. CKR ASSOCIATES Counsel for the Respondent:
1.
3 (RNT,J C.R.P.No.2123 of 2025)
The Court made the following:
ORDER :
This Civil Revision Petition, filed under Article 227 of the Constitution of India, has been preferred by the father of the minor ward, Polavarapu Yogada Sai, challenging the order dated 30.01.2025 passed in I.A. No.955 of 2022 in F.C.O.P. No. 185 of 2022 (originally G.W.O.P. No.185 of 2022) on the file of the Court of the XIV Additional District Judge-cum-Judge, Additional Family Court, Vijayawada. The respondent herein is the mother of the minor child.
2. Heard Sri K.P.S.Sailesh Reddy, learned counsel for the petitioner, and perused the material available on record.
3. The respondent/mother had filed the aforesaid G.W.O.P. seeking guardianship of the minor child, namely, Polavarapu Yogada Sai. In the said proceedings, she filed I.A.No.955 of 2022 seeking a direction to the present petitioner (father) to cooperate in obtaining a duplicate passport and Overseas Citizen of India (OCI) card for the minor child and to handover the said passport to her. It was, inter-alia, submitted that unless she was granted temporary interim declaration of guardianship for the limited purpose of applying for a duplicate passport and OCI card of the minor, the child would suffer irreparable loss and injury.
4 (RNT,J C.R.P.No.2123 of 2025)
4. The learned Family Court, by order dated 30.01.2025, partly allowed the said interlocutory application, permitting the respondent/mother to apply for the passport and OCI card of the minor child and directing the petitioner/father to cooperate in the said process. The Court further directed both parties to deposit their respective passports before the Family Court. The remaining reliefs sought by the respondent were dismissed.
5. Aggrieved by the order dated 30.01.2025, the present Civil Revision Petition has been filed.
6.
Learned counsel for the petitioner submits that the minor child is a citizen of the United States of America, presently residing with the respondent/mother, and that issuance of a new passport and OCI card would enable the respondent to take the minor child abroad, which is apprehended by the petitioner.
7. Having considered the submissions of the learned counsel for the petitioner and on perusal of the impugned order, this Court finds no illegality or infirmity in the impugned order passed by the learned Family Judge, permitting the mother to apply for the passport and OCI card of the minor child and directing the father to extend his cooperation. The right to travel abroad and to obtain necessary travel documents is a facet of the right to personal liberty guaranteed under Article 21 of the
5 (RNT,J C.R.P.No.2123 of 2025)
Constitution of India, and the cooperation sought from the father is in the best interest of the minor child.
8. Moreover, the Family Court has exercised due caution by directing both parties to deposit their passports before the Court, thereby safeguarding against any possible misuse. In the event of any genuine apprehension, as urged by the learned counsel for the petitioner during the course of arguments, it is always open to the petitioner to approach the appropriate forum by filing an appropriate application seeking necessary safeguards.
9. In view of the above, the Civil Revision Petition lacks merits and is dismissed.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.
____________________ RAVI NATH TILHARI, J
Date : 04.09.2025.
RPD.
6 (RNT,J C.R.P.No.2123 of 2025)
201 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
(DISMISSED)
CIVIL REVISION PETITION NO: 2123 OF 2025
Date : 04.09.2025
RPD.