Smt. M. Divya , G. Vijaya Kumari v. Sri. M. Ravikanth Reddy
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE JUSTICE G.SRI DEVI FCA.No.87 OF 2021 JUDGMENT:(per Hon'ble Sri Justice A.Rajasheker Reddy) This appeal is filed against the order dt.30.03.2021 passed by the Court below in GW.OP.No.32 of 2019, wherein and whereby the Court below dismissed the petition filed by the appellant/petitioner for declaring her as legal guardian of her minor daughter by name Kum.Samhitha Sree, for all purposes.
Learned Counsel for petitioner submits that though the girl Kum.Samhitha Sree is aged 19 years at the time of filing application by the petitioner, still the Court should have entertained the application because the conduct of the respondent-husband is that he is not allowing the petitioner to have visitation rights on the child. However, she does not dispute that section 6 of the Hindu Minority and Guardianship Act,1956, does not apply, but she submits that the Court below should have entertained the application on humanitarian grounds, as such, the impugned order is erroneous. In this case, admittedly, the date of birth of the Kum.Samhitha Sree is 05.03.2000 and even according to the appellant/petitioner the appellant/petitioner filed application only after the girl attained the majority and the Court below found that the Section 6 of the Hindu Minority and Guardianship Act, 1956 has no application since the girl attained majority by the time application is filed. Further by the time this order is passed the girl completed 21 years.
In view of the same, we do not see any infirmity or illegality in the order passed by the Court below warranting interference. Accordingly, the appeal is dismissed. No order as to costs. . As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
_________________________ A.RAJASHEKER REDDY, J ______________ G. SRI DEVI, J Date:09.09.2021 tk
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE JUSTICE G.SRI DEVI F.C.A.No.87 OF 2021 Date: 09.09.2021 tk