Smt. Sarika Mary Grace v. Mr. Sarika Daniel Zechariah

THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND THE HON'BLE SRI JUSTICE N. BALATYOGI FAMILY COURT APPEAL No.190 OF 2010 ORDER: (Oral) (Per Hon'ble Sri Justice SURESH KUMAR KAIT) Vide the present appeal, the appellant has challenged the common order dated 14.07.2010 passed in O.P.No.300 of 2007 on the file of Judge, Additional Family Court, Visakhapatnam, whereby judicial separation between the appellant and the respondent has been granted.

2. In addition to above, vide common order as mentioned above, the claim preferred by the appellant herein was dismissed in M.C.No.216 of 2007.

3. Pursuant to order dated 17.07.2017, the appellant and the respondent are present in the Court in person with their respective learned counsels.

4. Learned counsel appearing on behalf of the appellant, on instructions from his client, states that the appellant does not press the present appeal, however seeks assurance from the respondent to take care of his special child, who is 30 years old. Her apprehension is that the respondent is going to retire from service by 31st August, 2017, thereafter he may marry with some other lady, and thereafter, the respondent would not be able to take care about their child.

5. It is not in dispute that the appellant herein has already married with some other person.

6. Accordingly, we hereby dispose of the present appeal with the hope that the respondent who is taking care of the special child from the last 13 years would continue to look after in the same zeal and passion in future in every circumstances.

6. The respondent has assured this Court that he will take care of the welfare of the child.

7. In view of the above, this Family Court Appeal is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

__________________________________ JUSTICE SURESH KUMAR KAIT.

_________________________ JUSTICE N. BALAYOGI.

Date : 31-07-2017 Gvl