The High Court · 2025

. S;ection 151 CPC praying that in the cir,;u nr r,;tan ces stated in the affidavit fi e.1 rr ';upport of the petition. the High Court mray b': pleased This Hon'ble court nrav r: pleased to stay all further proceecings inc uding passing any orders in l.A l. o tl29 of 2024 in G.W.O.P-No. 5 of 2022 on the file of the Principal District :i-rj sessions Judge, Nizamabad Distrir;t p:ndirrg disposal of the above C.M.rr Counsel for the Apprellants: Sri J. Krishna Mohan Rao Counsel for the Res;xrndents: Sri P. Ravi Kiran The Court deliv,:r,erj :tre following JUDGEMENT: THE HON'BLE SRI JUSTICE T. VINOD KUMAR And THE HON'BLE SMT. JUSTICE P. SREE SUDHA C.M.A. No.597 of 2o24 JUDGMENT: (Per the Hon'ble Smt. Justice P. Sree SiiTha) This appeal is hled against the order dated

22.01.2024 passed by the Principal District Judge, Nizamabad, allowing I.A.No.IO47 of 2022 in GWOP.No.S of 2022 flled to reject GWOP for non disclosure of cause of action and also on the aspect of barred by law.

2. Heard learned counsel for both the parties

3. Facts of the case are that GWOP.No.S of 2022 is filed by the maternal gandparents of the children, who are aged about 6 and 4 years, against the father of the children on

13.12.2021. Initially, it was stated in the said GWOP that the mother of the children was missing frorn 24.O9.2O2O and therefore, a case in Crime No.359 of 2020 was registered under woman missing and later her dead body was found on 3O.O9.2O2O. It was further stated that the respondent herein/father of the children is working AS i t 2 Softwar e Ilngineer at Hyderabad, but the childr"en are residing', 1: 1\.nkapur Village of Armoor Mandal zrnd the responcet- .:sed to visit them once in a week zurd that he is read., .r, perform another marriage, as such, th ey filed GWOP o:- ,:..rstody of the minor children. '1'he respondent lrled an apgrli:ation vide I.A.No.1O47 of 2022 for rejerction of GWOP u:r,lel Order VII Rule 11(a) and (d) C.F'.C:., on the grouncl :ha t the children are residing wit h him at Hyderabz.c .utd he joined them in Silver Oaks Irrter rational School arr<l tr that effect he filed concerned scL'ool records and that rgh.en the children are residing at H1-cLerabad, GWOP is nct maintainable and the maternal granc.parents have n,r jr.rri sdiction to file the same at Nizarn aba.d. The Court tre c'r allowed the said I.A.No'1047 ol'2022 \>y order dated22 Ctl.ZO24. Aggrieved by the said or<ler, the present civil miscellrneous appeal is filed.

4. L,:arrLr:rl counsel for the petitioners submits that aJter the deatlr of bhe daughter of the petitioners, the resr:ondent has no[ .Jlcrved them to see the children. The refore, they filed C \t OF' on the apprehension that aJter per-forming 3 another marriage, the respondent may not take care of the children properly.

5. Learned counsel for the respondent submits that after the death of the wife of the respondent, thd children are residing with the respondent and the respondent is taking care of them by joining them in premier school arrd to that effect he filed the school record.

6. Having considering the rival submissions made by both the learned counsel for the parties and a perusal of the material available on record, it appears that the grandparents of the children themselves have stated in GWOP that the children are residing with the respondent at Hyderabad after the death of their mother and the respondent is not allowing them to see them. The record further reveals that since the respondent, who is the natural father, is working at Hyderabad, he joined the children in Silver Oaks International School and is taking care of them. It is not the case of the maternal grandparents of the children that the respondent is not taking care of the children properly. In guardian Ops l- 4 pararnou-1: rcnsideration for the Court is welfare c,f minor children

7. Materrrial grandparents/petitioners staterl that children ar-t: residing in Ankapur Village of Niz:mabad District :l,i filed GWOP at Nizamabad. The responcle nt/ lather stated that they are residing witl. him at Hyderabe.c and filed proof. GWOP is to be filecl where children are ordinarily residing as on the clate of liling of OP. Afte - the demise of their mother in 2t120. minor childrerr e,:-,: residing with their father, vrho ls natura1 guardian t.t Hyderabad and this GWOP fi:ecl by the petition ers a.t Nizamabad has no jurisdi<:tion arrd this petition Iik<1 for rejection of GWOP was rightll' allrwed by the trial Corrrt and there is no illegality or-.nfirmiti'in the said or<ler B. T}-re r:fcre, this Court does not find ant reilson to interfere \ rtL. the impugned order.

9. Ir. tl-Lt: result, the Civil Miscellaneous Alrpeal 1S dismisserl:onfirming the order dated 22.O1.2024 in 5 I.A.No.7047 of 2022 in GWOp.No.S of 2022 passed by the Principal District Judge, Nizamabad. Miscellaneous petitions, if any pending, shall stand closed. SD/. C.V. MALLIKARJUNA VARMA JOINT REGISTRAR //TRUE COPY// ECTION OFFIGER Tor' '1. The Principal District Judge, Nizamabad 2. One CC to Sri J. Krishna Mohan Rao Advocate IOPUC] 3. One CC to Sri P. Ravi Kiran Advocate IOPUC] 4 Two CD Copies VIJ/PSL I HIGH COUFI,..i DATED: 1i).li):\t?A25 JUDGMENT CMA.No,S!},' r:1' 2024 ,,,,,- 1:: ti;o' (i,i ? r \I -.r tr(4 \il c," I \ rIJ 14:Aas ^ r JUN 2$6 i: / *cctir Ap -I DISMISSIT$(; T'I.{E CMA 4 ( 0 A Iln V