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CDJ 2026 TSHC 762 print Preview print Next print
Court : High Court for the State of Telangana
Case No : Civil Revision Petiton No. 1903 of 2026
Judges: THE HONOURABLE MRS. JUSTICE TANGIRALA MADHAVI DEVI
Parties : Bandaru Venkata Ratnakar Versus Bandaru @ Chilusani Swathi
Appearing Advocates : For the Petitioner: Chavali Ramanand, Advocate. For the Respondent: K. Pratik Reddy, Advocate.
Date of Judgment : 03-08-2026
Head Note :-
Subject
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Guardians and Wards Act, 1890
- Sections 7, 10 and 25 of the Guardians and Wards Act, 1890

2. Catch Words:
- Custody
- Interim custody
- Welfare of the minor child
- Best interests of the child
- Visitation
- Video interaction
- Alienation of affection
- Civil Revision Petition

3. Summary:
- The husband filed a Civil Revision Petition against the Family Court’s order granting interim custody of the minor child to the mother.
- The original petition was filed under Sections 7, 10 and 25 of the Guardians and Wards Act seeking custody of the child.
- The trial court, after hearing both parties, ordered interim custody to the mother, specified visitation rights for the father, and laid down conditions to protect the child’s welfare.
- The husband appealed, alleging the child’s better environment with him and questioning the mother’s family background.
- On revision, the court examined the trial court’s findings, noting the child had been with the father since January 2025 but required the mother’s love and proper schooling.
- Finding no merit to interfere and emphasizing the child’s best interests, the court dismissed the revision petition and upheld the interim custody order.

4. Conclusion:
Petition Dismissed
Judgment :-

1. This Civil Revision Petition is filed against the order dated 08.06.2026 passed in I.A. No.03 of 2026 in G.W.O.P. No.11 of 2026 on the file of the learned Family Court-cum-IV Additional District Judge, Khammam.

2. Brief facts leading to filing of this petition are as follows:-

The petitioner herein is the respondent in G.W.O.P. No.11 of 2026. The petitioner herein is the husband, and the respondent herein is the wife. The marriage between the parties was solemnised on 14.06.2020 at Hyderabad in accordance with Hindu rites and customs and out of the wedlock, a female child and was named Bandaru Ranvitha (was born on 20.06.2021). The said Original Petition was filed by the respondent herein under Sections 7, 10 and 25 of the Guardians and Wards Act, 1890, seeking interim custody of the minor child, a female child by name Bandaru Ranvitha, aged about three and a half years. The Original Petition was initially numbered as G.W.O.P. No.38 of 2025 and was subsequently renumbered as G.W.O.P. No.11 of 2026. It was submitted that after the marriage, disputes have arisen between the parties, and they have since been living separately that is, the respondent-wife has been residing at Hyderabad, whereas the petitioner-husband shifted to Khammam. It is the case of the respondent-wife that the petitioner-husband took away the minor child after picking her up from school and she sought custody of the child.

3. According to the respondent-wife, when she went to the school to pick up her daughter, the Principal informed her that the petitioner-husband has already taken the minor child. When she attempted to contact him, she was unable to reach him. Subsequently, she learnt that he had taken the child to Khammam. Thereafter, she lodged a complaint with the Police, Kushaiguda and during the police enquiry, the petitioner-husband stated that he would return the child within four days and on the advice of the police also, not to complicate the matter, as the petitioner-husband had assured them that he would return the child within four days, she waited patiently but, despite the said assurance, the husband failed to return the child. Consequently, the wife was constrained to file the original Petition under the Guardians and Wards Act before the Court and along with the original Petition, the wife also filed an interlocutory application seeking interim custody of the minor child. The application was initially numbered as I.A. No.310 of 2025 and was subsequently renumbered as I.A. No.03 of 2026.

4. The husband however opposed the application by filing a counter-affidavit, making several allegations against the wife and her family. He contended that it was not in the welfare or best interests of the minor child to be with her mother in such circumstances/atmospheres. He alleged that both the sisters of the wife had deserted their respective husbands and were residing with their parents, and therefore the atmosphere in the wife's parental home was not conducive for the upbringing of the minor child. With regard to the care of the child, the husband stated that he was working from home and that his mother, who is employed as an Anganwadi Worker, also was taking care of the minor child at Khammam. He further asserted that the child was being properly looked after and was happy in his custody.

5. After considering the rival contentions of both parties, the learned trial Court allowed the application filed by the wife/mother by order dated 08.06.2026 on the following terms:

               (i) Interim custody of the minor female child born on 20.06.2021 is entrusted to the petitioner-mother pending disposal of the main G.W.O.P.

               (ii) The respondent-father shall hand over the custody of the minor child to the petitioner within a period of seven (07) days from the date of this order.

               (iii) The respondent-father shall be entitled to visitation on every 2nd and 4th weekend of each month from Saturdays 10:00 A.M. to till Sunday 5:00 P.M.

               (iv) During Dasara, Sankranthi and Summer vacations, the respondent shall be entitled to access for such reasonable period as may be mutually agreed; failing agreement, either party may seek appropriate directions from this Court.

               (v) The respondent shall be entitled to video interaction with the child every day between 7:00 P.M. and 8:00 P.M.s and the petitioner shall facilitate the same.

               (vi) Neither parent shall alienate the affection of the child against the other parent or create any circumstance likely to adversely affect the emotional well-being of the child.

               (vii) The observations made herein are only for deciding the present interlocutory application and shall not influence adjudication of the main G.W.O.P. on merits after full-fledged trial.

6. Aggrieved by the said order, the present Civil Revision Petition has been filed by the respondent-husband in the original Petition.

7. Learned counsel for the petitioner-husband reiterated the submissions made in the counter-affidavit filed in I.A. No.03 of 2026, while, the learned counsel for the respondent-wife reiterated the submissions advanced before the trial Court in the interlocutory application as well as in the original Petition.

8. After hearing the learned counsel for both parties, this Court had directed both the parties to appear in person along with the minor child before this Court. In compliance with the said direction, both the parties appeared before this Court on 06.07.2026 and this Court also directed the parties to hold discussions and explore the possibility of resuming their matrimonial life in the interest and welfare of the minor child. While the respondent-wife expressed her willingness to continue living together, the petitioner-husband was reluctant to do so and he submitted that his past experience was not very pleasant and expressed apprehension that such an arrangement would not work. He further insisted that the respondent-wife should shift to Khammam and reside with him. The respondent-wife, however, submitted that she was employed at Hyderabad and, therefore, it was not feasible for her to relocate to Khammam. In view of the same, both the parties requested this Court to dispose of the matter on merits.

9. Having regard to the rival contentions and the material available on record, this Court finds that the trial Court has elaborately considered all the relevant aspects of the matter. The trial Court rightly treated the welfare of the minor child as the paramount consideration. It also took note of the fact that the child had been residing with the petitioner-husband since 22.01.2025, and observed that the child equally requires the love, care, and affection of her mother. Accordingly, it directed that interim custody of the minor child be handed over to the respondent-wife. The trial Court further observed that the child has not been admitted to a proper school at Khammam, whereas she had earlier been studying in a reputed school at Hyderabad. Having regard to the welfare and best interests of the minor child, this Court finds no reason to interfere with the order passed by the learned trial Court.

10. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous applications if any pending in this petition, shall stand closed.

 
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