This appellate order dismissed the appeal with no costs and issued directions to the Additional Family Court, Hyderabad, to dispose of two pending custody petitions within two months of the order's date.
The Additional Family Court is directed to dispose of O.P. No. 110 of 2020 and O.P. No. 119 of 2022 within two months from the date of receipt.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD
WEDNESDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO
PRESENT THE HONOURABLE DT, JUSTICE SHAMEEM AKTHER AND THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI
CIVIL MISCELLANEOUS APPEAL NO: 158 OF2O2O
Appeal under Order XLlll Rule 1 of CPC against the Order in lA No.85/2020in OP No. 1 10 of 2020 dated 2210212020 on the file of the Court of the Judge,Additional Family Court, Hyderabad.
Between:
Smt. Pooja Rathod, Wo Tarun Rathod,
AND
...APPELLANT/PET|TIONER
Tarun Rathod' S/o Arvind Kumar'
...RES'.NDENT/ RES'.NDENT
lA NO: 1 OF 2020
Petition under Order XXXIX Rule 1 & 2 readwith Section151 of CPC praying that in the circumstances stated in the affidavit filed herein, theHigh Court may be pleased to grant ad-interim injunction againstthe respondent,restraining the respondent or his family members from interferingwith the custodyof Master Darsh Rathod from the petitioner.
For the Appellant : SRI SHYAM S. AGARWAL, Advocate
For the Respondent : SRI M.MURALI KRISHNA, Advocate
The Court delivered the following: JUDGMENT
TllE HON,BLE Dr. JUSTICE SHAMEEM,AKI.HER AND TH: HON'BLE SMT. JUSTICEJUVVADI SRIDEVI crv IL I E N P of
JUPGM NX (per Hon.bte Dr.lustice shameem Akther)
Thi ; Civil Miscellaneous Appeal, under Order XLIII Rule 1 of Coce of Civil procedure, 190g (CpC) is filed by the appellant/ petitioner, challenging the order datcd 22.02.2020, passed in I.A.No.BS of 2020 in O.p.No.11O of 2O2O by the learned Jrrdge, Additional Family Court, City (:ivil Court, at Hyderabac, wherein the subject Interlocutory Aoplication filed by the aplrellant/petitioner under Order XXXIX R.ule 1 and 2 r/w Sectiorr 1S1 of CpC, seeking to grant ad interim injunction against ft e respondent restraining him and his famity memtrers f -om interfering with the custody of Master Darsh RathoJ, ag,)d 5 1/2 years, was dismissed,
\
2
the saidO,S. wastransferred to the file of learnedludge'I AdditionalFamilyCourt,CitycivilCourt,atHyderabadandit was renumberedas O'P'No'119of 2022' Now' O'P'No'119of 2022aswell as O'P'No'110 of 2020 are pending beforethe FamilYCourt, CitY Civil Court' at learnedIAdditional Hyderabad.
7 Accordingly,this Civil MiscellaneousAppeal is ordered' NO COSIS.
l
Mis:ellaneous petitions, if any, pending in this appeal,
shall star d closed.
Sd,'.K.SJRINIVASA RAO JOINT REGISTRAR
//TRUE COPY//
riE N OFFICER
To
Kj
CbC
HIGH COUITT
DATED:08/06/20: l2
JUDGMENl'
cMA.No.1sil ol 2 t20
,7-1 i .r' sr.1,l
15 sEP ,,tnn
ORDERING WITH ]UT COSTS.
h
1 issue framed by the court
Whether to remit the order to the Family Court for expeditious disposal of pending custody petitions.
2 provisions across 1 enactments
Smt. Pooja Rathod, Wo Tarun Rathod
Tarun Rathod
SHAMEEM AKTHER
JUWADI SRIDEVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
