APHC010442672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3508] TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 22611/2024 Between: Golla Muralidhar ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PATHI SIVA PRASAD Counsel for the Respondent(S): 1. SAI GANGADHAR CHAMARTY 2. THE ADVOCATE GENERAL The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) The petitioner and the 4th respondent are husband and wife. According to the petitioner, the 4th respondent left the martial home along with their four children, on 01.08.2024, on account of a quarrel between them. Thereafter, these four children were with the 4th respondent. On 09.09.2024, the petitioner is said to have visited the maternal home of the 4th respondent and met his children. At that stage, his elder son and elder daughter, who are studying in English Medium Schools in Kurnool Town, insisted in returning with him and did not want to remain in the maternal house of the 4th 2 RRR,J & MRK,J W.P.No.22611 of 2024 respondent. Due to the wishes expressed by the children, the petitioner is said to have taken the children back with him to Kurnool where he is residing. However, the 5th respondent, who is the sister of the 4th respondent, came to the house of the petitioner in Kurnool, on 10.09.2024 and forcibly took back the two children to the maternal home of the 4th respondent. 2. The petitioner is said to have filed a complaint, in this regard, before the Sub-Inspector of Police, Kurnool as well as the Station House Officer, IV Town Police Station, Kurnool. The petitioner contends that, these complaints were sent by registered post as the said Officer was refusing to receive these complaints. 3. The petitioner has now approached this Court, by way of the present Writ Petition, contending that the 5th respondent, who has no role in the upbringing of the children, has forcibly taken away the children from the lawful custody of the petitioner, who is the father. The petitioner further contends that, in such circumstances, he is entitled to custody of the children and that the said children should be restored to his custody. 4. The 4th respondent, has filed a counter-affidavit, in which it is stated that, the 4th respondent, on account of the neglect of the petitioner and his harassment, had gone back to her maternal home and that, she had also filed a complaint against the petitioner in Crime No.99 of 2024, Kodair Police Station, Nagar Kurnool District of Telangana State. The 4th respondent, contends that, she is taking care of all the four children and has joined them in a good school due to which their educational needs had also been taken care. 3 RRR,J & MRK,J W.P.No.22611 of 2024 The 4th respondent, submits that, she has also a lawful custody of the children as the mother of the children. She further submits that, the petitioner would not be able to look after the children as he stays alone and would not be able to devote time as he is a police constable, who would be on a constant duty. 5. This is a case of child custody being disputed. The appropriate forum for resolution of such disputes would be the concerned Family Court or a Civil Competent Jurisdiction, if there is no Family Court available. The claims and counter claims of the petitioner and the 4th respondent are highly disputed questions of fact, which cannot be resolved by this Court. It may also be noted that the petitioner has filed a divorce petition bearing F.C.O.P. No.163 of 2024 before the learned Family Court Judge, Kurnool. 6. In such circumstances, it would always be open to the petitioner to approach the Family Court for deciding custody of the children. 7. Accordingly, this Writ Petition is closed, leaving it open to the petitioner to approach the appropriate Court for agitating his rights. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ______________________________ MAHESWARA RAO KUNCHEAM, J Date:21.01.2025 KPV 4 RRR,J & MRK,J W.P.No.22611 of 2024 376 THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No:22611 of 2024 (per Hon’ble Sri Justice R. Raghunandan Rao) 21.01.2025 KPV