CRP/317/2026 of Mrs. D.J.Swetha, Vs Mr.Dandupati Rajesh Kumar, on 6 February 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

FRIDAY, THE SIXTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HON'BLE SRI JUSTICE K.LAKSHMAN

CIVIL REVISION PETITION NO: 317 OF 2026

Petition under Article 227 of the Constitution of lndia aggrieved by the order dated 22-01-2026 passed in l.A.No.12 of 2026 in GWOP.No.24 of 2024 on the file of the Court of the Additional Family Court-cum-ll Additional District and Sessions Judge, Medchal-Malkajgiri at Medchal.

Between:

Mrs. D.J.Swetha, Wo. D. Rajesh Kumar, Age: 42 years, Occ: Pvt. Employee, R/o. Plot no. 152 and 159, Flat No. 1006, Vazhraa Prathik Apartments, Blooming Dale Rd, Madhura Nagar, Nizampet, Hyderabad-500090.

AND

...Petitioner/Respondent/Wife

Mr.Dandupati Rajesh Kumar, S/o. D. Ashok Kumar, Age: 45 years, Occ:

Business, R/o. A.S.R. Enclave, House No.6, Rajula Colony, Sanivarapu Peta, Eluru, Eluru District, Andhra Pradesh-S34002.

... Res po ndenUPetitioner/H usba nd

lA NO: 1 OF 2026

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 suspend the order in l.A. No.12 of 2026 in GWOP.No.24 of 2024, dated.

22.01.2026 on the file of the Additional Family Court-cum-ll Additional District and Sessions Judge, tt/edchal- Malkagiri, at Medchal pending disposal of CRP.

Counsel for the Petitioner: Mr. Polisetty Radha Krishna Counsel for the Respondent: None Appeared The Court made the following: ORDER

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TIIE IION'BLE SRI JUSTICE K. LAKSI{MAN

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DATE OF ORDER: 06.02.2026

Betu,een:

D.J.Swetha

AND

.. Petitioner

..Respondent

Dand.rpati llajesh Kumar

This Cburr made the following:

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Heard Mr. polisetty Radha Krishna, Iearned counsel fbr the pelitioner.

2. l'his Civil Revision petition is filed under Article 227 of thc Corrstirution ol. India, assailing order dated 22.01.2026 in

I.A.No.l2 of 2026 in GWOp No.24 of 2024 passed by the learned Additional Family Court_cum_Il Additional District and Sessions Judge, Medchal _ Malkajgiri at Medchal.

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3.

Respondent had filed a petition vide GWOP No'24 of 2024seekingpermanentcustodyofhisminordaughter.

During pendency of the said GWOP' he has filed an interlocutoryapplicationvjdel.A.No.l2of2026underSection 26 ottlre Hirrdu Marriage Act, 1955 seeking visitation rights on 26.0 |.2026to celebrate his dauglrter,s birthday from 10.00

AM to 04.00 PM' Vide order dated 22'0l'2026' learned FamityCourtallowedthesaidappticationandpermittedthe respondent to visit the child at the residence of the petitioner lrereinwherethechildispresenttyresidingon26.0|.2026only between 04.00 pM to 05.00 pM. Respondent is not permitted tocelebratethebiftlrdayoftlreminorchild.Petitioner/mother isdirectedtopermittlrerespondent/fathertovisitandspeak with the child without objection'

4.Petitionerfiledthepresentrevisioncontendingthatthe respondent instead of coming alone to see the child' in compliancewitl.rorderdatedzz.o:l.2026inI.A.No.|2of2026, camealongwithhismother,fatlrerandsisterandcreated \

galata. Petitioner is ready to produce ccrv footage.

Therefbre, there is every possibility of the respondent filing contenrpt case befbre the learned Family court alleging violatirtn of the aforesaid impugned order.

It ccording to the learned counsel for the petitioner, learnec Family court interacted with the child and granted interim orcler. [n fact, child was not interested in meeting the father. without considering the said aspects, learned Family Court allowed the aforesaid application.

6.

Perusal of record would reveal that the marriage of the petitioner with the respondent was performed on 26.1 1.2005

and the'r were blessed with a female child on 26.01.2010. The child is with the petitioner herein. Therefore, respondent has filed thc afbresaid GWoP No.24 of 2oz4 seeking permanenr custody of the child. It is also not in dispute that the birthday of the child was on 26.01.2026. Therefore, he has filed the aforesairl I.A.No.12 of 2026 in Gwop No.24 of 2024 seeking visitxQr rights for the purpose of celebrating his daughter's I

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birthday. Learned Family court did not pennit him to celebrate the birthday of the minor child, but granted pennission to visit and speak with the minor child without any objection. There is no pennission to come along with his rnother, tather and sister. However, the same is a disputed fact. [f the respondent violated the impugned order dated 22.01.2026 in I.A.No .t2 of 2026 in Gwop No.24 of 2024

passed by ttre learned Family couft, it is for the petitioner to bring it to the notice of the learned Family court taking appropriate steps. If respondent files an application alleging violation o{'the irnpugned order, it is for the petitioner to file counter aiong with CCTV footage, etc. and counter in the said

I.A. she can't llle the present revision with apprehension.

7. As discussed supra, vide impugned order, the learned Farnily court permitted the respondent/father to see the child on 26.01.2026 only between 04.00 pM to 05.00 p.M.

Petitioner filed the present revision on 02.02.2026. The cause

in the present revision does not survive lbr adjudication and it has bec,rme infructuous.

8. In the light of the sanre, this Civil Revision Petition is disposerl ol'granting liberty to the petitioner to file counter in the contempt case, if any, liled by the respondent alleging willful eLnd deliberate violation ol'irnpugned order and raise all the grounds which she has raised in thc present revision. The learned Family Court shall consider the same and dispose of it strictly in accordance with larv.

Miscellaneous applications pending, il' any, shall stand closed. l-here shall be no order as to costs.

SD/. M.NAGAMANI

SI

ANT REGISTRAR

//TRUE COPY//

CT]ON OFFICER

To,

The. Additional Family court-cum-il Additional District and Sessions Judge, Medchal-Malkajgiri at Medchal.

2. One CC to lMr. Polisetty Radha Krishna, Advocate tOpUCl

3. Two CD Oopies

Kam/PSL

W

HIGH COURT

DATED:0610212026