IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRD DAY OF SEPTEMBER, TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE G.V.SEETHAPATHY C.M.A. NO. 936 of 2009 Between: Smt. Anamika Khanna ..... APPELLANT AND Annamneedi Raja Sekhar .....RESPONDENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE G.V.SEETHAPATHY C.M.A. NO. 936 OF 2009 ORAL JUDGMENT: (per the Hon’ble Smt. Justice T.Meena Kumari) This appeal is directed against the exparte order dated 17.07.2009 passed by the learned Judge, Family Court, Visakhapatnam, decreeing O.P. No. 443 of 2009 filed by the respondent herein under Sec. 7(1)(A) of the Guardian and Wards Act to appoint him as the guardian of the minor son of the parties namely Annameneedi Sai Mridual, eight years. Heard Mr. G.Rama Gopal, learned counsel for the appellant and Mr. D.V.S.Seetharama Raju, learned counsel for the respondent. As can be seen from the order impugned in this appeal, the court below passed an exparte decree having regard to the affidavit in chief, filed by the respondent herein as PW-1. It is submitted by the learned counsel for the appellant that no notice has been served on the appellant before passing the impugned order apart from the plea that in terms of the decree dated 30.03.2008 passed in OP No. 1064 of 2007 by the Judge, Family Court, Visakhapatnam, granting a decree of divorce under Sec. 13-B of the Hindu Marriage Act, the respondent has no right to institute any proceedings seeking to declare him as a Guardian or to seek custody of the child. He further submits that since the order impugned herein is not passed on merits, the same may be remanded to the court below to pass appropriate orders on merits. Having regard to the fact that no notice had been served on the appellant herein before passing the order impugned in this appeal, without adverting to merits or otherwise of the contentions raised herein and at the option of both the counsel, the appeal is allowed and the matter is remanded back to the court below for passing orders afresh within a period of six months from the date of receipt of a copy of this judgment. It is needless to mention that the court below shall afford reasonable opportunity to both the parties to lead their evidence. No order as to costs. ____________________ Justice T.Meena Kumari __________________ Justice G.V.Seethapathy September 3, 2009 MAS.