APHC010107012025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI CIVIL MISCELLANEOUS APPEAL N Between: 1. SOMALA AMARNATH, S/ AGED ABOUT 36 YEARS, OCC RESIDING AT D.N TIRUCHANUR, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT. 1. JAMPURAM JYOTHI, YEARS, OCC GOVT. EMPLOYEE, RESIDING AT D. No.22 220/3/63, POOLAVANIGUNTA, AUTO NAGAR, RENIGUNTA ROAD, TIRUPATI, CHITTOOR DISTRICT Counsel for the Appellant: 1. Mr.V.NITESH Counsel for the Respondent: 1. Mr.PAWAN KUMAR MALAPATI 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA CIVIL MISCELLANEOUS APPEAL No: 139 of 2025 SOMALA AMARNATH, S/o. S. CHANDRA SHEKHAR, AGED ABOUT 36 YEARS, OCC: PRIVATE EMPLOYEE, RESIDING AT D.No. 1-50/39/49/15, VASUNDARA NAGAR, IRUCHANUR, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT. ...APPELLANT AND JAMPURAM JYOTHI, W/O. S. AMARNATH, AGED ABOUT 30 YEARS, OCC GOVT. EMPLOYEE, RESIDING AT D. No.22 220/3/63, POOLAVANIGUNTA, AUTO NAGAR, RENIGUNTA ROAD, TIRUPATI, CHITTOOR DISTRICT. ...RESPONDENT Counsel for the Appellant: Counsel for the Respondent: KUMAR MALAPATI IN THE HIGH COURT OF ANDHRA PRADESH [3549] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER THE HONOURABLE SRI JUSTICE NINALA JAYASURYA JUSTICE TUHIN KUMAR GEDELA DRA SHEKHAR, PRIVATE EMPLOYEE, 50/39/49/15, VASUNDARA NAGAR, IRUCHANUR, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT. ...APPELLANT ABOUT 30 YEARS, OCC GOVT. EMPLOYEE, RESIDING AT D. No.22-11- 220/3/63, POOLAVANIGUNTA, AUTO NAGAR, RENIGUNTA ROAD, ...RESPONDENT 2 The Court made the following Judgment: (Per Hon’ble NJS, J) The present Civil Miscellaneous Appeal is preferred by the appellant against the order dated 21.10.2024 in G.W.O.P.No.104 of 2021 on the file of the Court of the Judge, Family Court-cum-V Additional District Judge, Tirupati. 2. The appellant filed the said O.P., against the respondent / wife seeking a decree to handover the custody of their son. 3. On contest, the learned Judge, Family Court, after detailed analysis of the oral and documentary evidence, dismissed the said O.P., however, granted visiting rights. The relevant portion of the order and decree reads thus: “The respondent-wife is directed to send minor child to the house of the petitioner / husband once in two months, preferably in the holidays of minor child, by informing to the petitioner / husband by phone in advance; the petitioner / husband shall keep his child at his house for one day and hand over the minor child to the respondent / wife at her house immediately after completion of one day.” 4. Heard learned counsel for the appellant and the learned counsel for the respondent. 5. The learned counsel for the appellant made submissions to impress upon the Court that the learned Judge, Family Court had not considered the matter / evidence on record in the correct perspective. He submits that the appellant is capable of taking care of his son and it would be in the interest of 3 the child to live with his father, and seeks custody of the child by setting the order under challenge. 6. On the other hand, the learned counsel for the respondent made submissions to sustain the order under appeal. He submits that keeping in view the age of the child, who is nine years old, the learned Judge, Family Court had rightly dismissed the O.P., and allowed the child to be in the custody of the mother / respondent. He submits that the order under challenge is well reasoned, does not call for interference by this Court. Making the said submissions, he seeks dismissal of the appeal. 7. This Court has considered the submissions made and perused the material on record. 8. Before the learned Family Court, on behalf of the appellant / petitioner, P.Ws.1 to 3 were examined and Exs.A1 to A6 were marked. On behalf of the respondent, R.Ws.1 to 3 were examined and no documents were marked. 9. The learned Judge while appreciating the evidence and keeping in view the paramount interest of the child, recorded categorical findings inter alia to the effect that giving custody of the minor child to the petitioner / appellant would cause any amount of mental disturbance to the child, but, granted visiting rights to the appellant, once in two months. 10. This Court on a thorough consideration of the matter, see no illegality or perversity in the order under challenge. However, this Court is of the view that restricting the visiting rights for only once in two months, may not be sufficient 4 for building / continuing the bond between the appellant and his son and the minor child will be missing his father’s love and affection. 11. Therefore, this Court is inclined to modify the order passed by the learned Judge, Family Court to the following effect: (a) The respondent / wife shall allow the appellant / father to have the custody of the minor child and take him to the house of the appellant / husband monthly once, preferably on a holiday to the minor child, on prior intimation by the appellant / petitioner-husband by phone in advance and keep him at his house for one day, and hand over the child to the respondent / wife at her house immediately on completion of one day. (b) The appellant / husband shall be allowed to visit the house of the respondent / wife to spend three hours with the child on a holiday, once in a month, on prior intimation to the respondent. 12. The Civil Miscellaneous Appeal is accordingly disposed of with the modifications to the impugned order as indicated above. No costs. No order as to costs. Consequently, all pending applications shall stand closed. __________________________ JUSTICE NINALA JAYASURYA _____________________________ JUSTICE TUHIN KUMAR GEDELA BLV Dt. 24.09.2025 5 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA Civil Miscellaneous Appeal No: 139 of 2025 (Per Ninala Jayasurya, J) Date: 24.09.2025 BLV