THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1498 of 2008 Date:12th October, 2009 Between: G.Narasimhulu …Petitioner and 1. G.Andalu & Anr. …Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1498 of 2008 JUDGMENT: This Criminal Revision Case is directed against the judgment dated 18.09.2008 passed in Crl.Appeal No.4 of 2008 on the file of I Additional Sessions Judge, Mahabubnagar, whereby and whereunder the learned Additional Sessions Judge confirmed the order dated 13.09.2007 passed in D.V.C.No.1 of 2007 on the file of the Judicial Magistrate of First Class, Shadnagar. 2. Brief facts of the case giving raise to filing of this revision by the petitioner/husband are: The 1st respondent herein is the wife of the petitioner. The Project Director/Protection Officer, Mahabubnagar filed a complaint on behalf of G.Andalu before the Judicial Magistrate of First Class, Shadnagar under the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short, ‘the Act’), seeking certain reliefs. An interim custody of the children has been sought for. The learned Magistrate, after considering the material brought on record, proceeded to grant interim custody of the children to the 1st respondent herein, by order dated 13.09.2007. Para.5 of the said order reads as hereunder: “On the basis of the submissions and in the light of the averments in the complaint filed by the de facto complainant and on perusal of entire material on record, this Court is prima-facie satisfied that the respondent who is husband of the de facto complainant has harassed and driven her out of his house. Therefore, in the interest of justice, the respondent is hereby directed not to commit any act of Domestic Violence in respect of the de facto complainant/petitioner herein and he is further directed to restore and handover the custody of the children to the petitioner herein temporarily till passing of final orders in the main D.V.C.” Assailing the order passed in DVC with regard to the interim relief under Section 23 of the Act, the husband filed an appeal being Criminal Appeal No.4 of 2008 before I Additional Sessions Judge, Mahabubnagar. The learned Additional Sessions Judge examined the children and ascertained their views. Having ascertained the views of the children, the learned Additional Sessions Judge ignored their wish and proceeded to dismiss the appeal confirming the order dated 13.09.2007 passed in DVC No.1 of 2007. The relevant portion of the order passed by the learned Additional Sessions Judge reads as hereunder: “The record called for by this court from the trial court also discloses that the appellant herein filed a counter denying allegations made against him and the said aspects are subject of detailed enquiry/trial in the said DVC. Since welfare of the children is paramount consideration while dealing with their custody aspect, this court directed the appellant to be present before this court on 8.9.08 along with his children to enquire them in the said context. Accordingly, the appellant brought his daughter aged 14 years and son aged 12 years and when this court questioned the said children in the open court, the said daughter stated that her mother i.e., respondent tried to kill her and her brother and the said son who is aged 12 years stated that his mother is having illicit contacts with another. It is difficult to believe that at the said age the said boy would be knowing about illicit contacts. In the counter filed by the appellant before the trial court, he did not whisper or allege against the de facto complainant that she is having illicit contacts with another or that she tried to kill the said children. Therefore, I am convinced with the contention of the learned Addl.PP representing de facto complainant that the said version of the appellant is tutored version of the appellant and in such circumstances, it is not desirable to allow the appellant herein to have custody of the said children because there is every possibility of his spoiling the said children and their career. Simply because appellant deposited some amount in the name of his daughter and purchased property in the name of his son, the same are no grounds to permit the appellant to have custody of the said children.” 3. Notice before admission has been ordered on 29.12.2008. The 1st respondent entered appearance through a counsel. When the revision came up for consideration, there is no representation on behalf of the 1st respondent. 4. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the 2nd respondent. 5. Learned counsel appearing for the petitioner submits that the children are in the custody of the petitioner/husband and if the interim order passed by the Judicial Magistrate of First Class, Shadnagar, in DVC No.1 of 2007 is allowed to be operated, there is every likelihood of the custody of the children being disturbed. 6. I have gone through the judgment passed by the appellate Court. The appellate Court gathered the wishes of the children. The children have been produced before the appellate court by the petitioner. It goes without saying that the children are in the custody of the petitioner. The DVC is of the year 2007. There cannot be any controversy with regard to the fact of the children being in the custody of the petitioner for over two years. The DVC is stated to be pending enquiry. Disturbing the custody of the children against their wish may hamper their future prospects. In that view of the matter, I deem it appropriate to direct Status quo existing as on this day with regard to the custody of the children. 7. Accordingly, the Criminal Revision Case is disposed of and the order passed by the trial Court in DVC No.1 of 2007 as confirmed by the appellate Court in Crl.A.No.4 of 2008 is modified. The learned Magistrate is directed to dispose of the DVC as expeditiously as possible, preferably within 30 days from the date of receipt of a copy of this order. ______________________ B.SESHASAYANA REDDY, J. Date:12th October, 2009. Cs