Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE NINTHDAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA CIVIL REVISION PETITION NO: 447 OF 2025 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 to set-aside the order dated 06.01.2025 passed in I.A.No.670 of 2024 in FC (GWOP) No.31 of 2024 by the Court of the Judge, Family Court- cum-XII Additional District Judge, Guntur. Between: Nazma Sultana, W/o Jani Basha, D/o Syed Abdul Nazeer, aged about 51 years, R/o D.No.5-53-10, Cobaldpet, 4th Line, Guntur Town ...Petitioner/Respondent AND Shaik Jani Basha, S/o Shaik Lai Ahmad, aged about 52 years, R/o D.No.26-16-78, Akula Vari Thota, 1st Lane, Guntur Town. ...Respondent Petitioner lA 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 to stay all further proceedings pursuant to the
order dated 06.01.2025 passed in I.A.No.670 of 2024 in FC (GWOP) No.31 of 2024 by
the Court of the Judge, Family Court-cum-XII Additional District Judge Guntur, pending disposal of the CRP.
lA NO: 2 OF 2025 Between: Shaik Jani Basha, S/o Lai Ahmad, aged about 52 years, R/o D.No.26-16- 78, Akula Vari Thota, 1st Lane, Akulavarithota, Guntur, Guntur District. ...Petitioner/Respondent AND Nazma Sultana, W/o Jani Basha, D/o Syed Abdul Nazeer, aged about 51 years, R/o D.No.5-53-10, Cobaldpet, 4*^ Line,Cobaldpet Guntur Town ...Respondent Petitioner 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 to vacate interim stay
order granted in LA. 1/2025 in CRP.No.447/2025 Dated 04/03/2025 Counsel for the Petitioner: SRI KOCHIRI RAJA SHEKAR Counsel for the Respondent: SRI HABIBULLA SHAIK The Court made the following ORDER
1 APHC010088362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] y FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA CIVIL REVISION PETITION No. 447 OF 2025 Between: Nazma Sultana ...PETITIONER(S) AND Shaik Jani Basha ...RESPONDENT Counsel for the Petitioner(S): I.Mr.Kochiri Raja Shekar Counsel for the Respondent: I.Mr.Habibulla Shaik f
2 The Court made the following ORDER: The present Revision Petition is filed against the
order dated 06.01.2025 passed in l.A.No.670 of 2024 in FC (GWOP) No.31 of 2024, on the file of the Courj of the Judge, Family Court-cum-XII Additional District Judge, Guntur. The respondent herein is the husband of the petitioner. Fie filed the said OP under Section 10 & 25 of Guardians and Wards Act and Section 7 of the
2. “ Family Court Act, seeking custody of the minor son. Along with the said OP, he filed l.A.No.670 of 2024 seeking interim custody / visitation rights in respect of the minor ward. The petitioner herein filed her counter and contested the matter. The learned Family Judge after due consideration of the arguments advanced on both sides, passed a detailed order granting visitation rights to the father / responde'nt herein as detailed in para 7 of the order. Aggrieved by the same, the present revision petition came to be filed. Initially this Court vide order dated 04.03.2025 granted interim stay of all further proceedings pursuant to the impugned order for a period of six weeks. “ Thereafter the same was extended vide orders dated 04.04.2025. In the meanwhile, the respondent-husband filed a detailed counter along with a petition to vacate the interim order dated 04.03.2025. Fleard the learned counsel for the petitioner and the learned counsel for the respondent. Perused the material on record, including the photographs and the receipts issued by Mahasvana Speech and Hearing Clinic etc. No reply affidavit is filed. Be that as it may. 3. 4. 3
5. Though the learned counsel sought to advance arguments in detail with reference to the impugned order, they fairly agree that the visitation rights to the respondent-father is only an interim arrangement, pending disposal of the main OP. On a careful consideration of the order under challenge as also the material filed along with the counter affidavit, this Court finds that the learned Judge, Family Court had taken all the relevant aspects into consideration and assigned cogent reasons. However, the learned counsel for the petitioner referring to certain incidents stated to have been taken place submits that there is a threat to the life of the petitioner and by virtue of the visitation rights, the chances of physical assault / danger to the life of the petitioner would be more.
The learned counsel for the respondent, however submits that untrue and incorrect accusations are made and false case was registered against the ' respondent, only to exert pressure and prevent him from pursuing the legal remedies. Though this Court, as stated earlier, is of the view that the order under challenge is well considered, however, taking into account the
6.
submissions made by the learned counsel, deems it appr’opriate to modify the impugned order to a limited extent. Accordingly, the Revision Petition is
disposed of with the following directions: i) The respondent/father is granted visitation rights and permitted to visit the minor ward Master Shaik Faizan Basha between 10.30 a.m. and 4.30 a.m., on every second Saturday and second Sunday of every month in the Court premises. On the said dates, the petitioner
4 Shall make arrangements to bring the minor ward to the District court premises, Guntur, where the boy can meet his father / respondent. During the said visit, the petitioner shall not cause any obstruction to the respondent to meet the minor ward. The respondent shall not cause any embarrassment or hurt to the minor boy during the visit. The respondent/father is granted permission to have telephone i conversation with the minor ward for 10 to 15 minutes every day, between 7.30 p.m. and 8.30 p.m., without causing any disturbance to his studies and the petitioner-wife shall accommodate the Further, on the birthday of minor ward i.e., on 9*^ of April, the respondent/father shall be allowed to meet the minor ward for three (3) hours in a place suggested by the petitioner-wife advance to the respondent/father. Likewise, the petitioner shall allow the respondent to meet their minor ward on the eve of Ramzan and Bakrid from 8 p.m., to 9 p.m. i Except the above directions, the order under revision stands confirmed. ii) same. iii) one day in iv)
7. No costs.
8. Consequently, the Miscellaneous Applications pending stand closed. if any, shall Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, X The Judge, Family Court-cum-XII Additional District Judge, Guntur.
2. One CC to Sri Kochiri Raja Shekar, Advocate [OPUC]
3. One CC to Sri Habibulla Shaik, Advocate
4. Three CD Copies [OPUC] SD sree
HIGH COURT DATED:09/05/2025
ORDER CRP.No.447 of 2025 DISPOSING THE C.R.P.
WITHOUT COSTS