Appeal by mother challenging Family Court's order granting father permanent custody with visitation rights during vacations. Court dismissed appeal finding no evidence that children fell ill under father's care.
Family Court Appeal dismissed; no order as to costs.
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HON’BLE SRI JUSTICE RAGHVENDRA SINGH CHAUHAN AND HON’BLE SRI JUSTICE T.AMARNATH GOUD
F.C.A.No.70 of 2018
JUDGMENT: (Per Hon’ble Sri Justice Raghvendra Singh Chauhan )
The appellant is aggrieved by the order dated 22.11.2017 passed by the Family Court-cum-VI Additional District Judge, Khammam, in G.W.O.P.No.897 of 2015, whereby the learned Family Court has partly allowed the application filed by the respondent – husband, seeking permanent custody of the two minor children, and has directed the appellant - wife to handover the custody of the two minor children to the respondent - husband only during vacations and holidays falling every year.
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fact that the respondent - father is living alone, the learned Family Court granted a limited interim custody of the minor children to the respondent - father. The appellant has not placed any evidence to establish her plea that while the minor children were in the custody of their father, they had fallen ill. Merely because, the respondent happens to stay alone would not preclude him from having interim custody of the minor children. Further, the respondent would be in a position to make arrangements for the welfare of the minor children while he is discharging his duties in the office. There is no allegation that when the custody of the minor children was handed over to the respondent, the children were abandoned by the respondent - father. Therefore, the contentions raised by the learned Counsel for the appellant are clearly unacceptable.
For the reasons stated above, this Court does not find any merit in the present appeal.
Accordingly, the Family Court Appeal is dismissed.
Miscellaneous petitions pending, if any, shall also stand
dismissed. No order as to costs.
______________________________________ RAGHVENDRA SINGH CHAUHAN, J
T.AMARNATH GOUD, J
04.02.2019 Gsn
2 issues framed by the court
Whether the grant of permanent custody to the father with visitation rights during vacations and holidays should be modified given the appellant's claims of illness and father living alone.
Whether the father living alone and being unable to take children everywhere during vacations renders him unfit for custody.
Appellant (Wife)
Respondent (Husband)
Raghvendra Singh Chauhan
T. Amarnath Goud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
