HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION NO. 627 OF 2010 Friday, the Eleventh day of March, Two Thousand and Eleven Between Kopalli Venkata Phani Chandra Sekhar Petitioner AND Kopalli Vasantha Respondents ORDER: Heard. The petitioner is husband of the respondent herein. The petitioner has filed OP No. 682 of 2008 on the file of the Family Court, Visakhapatnam, seeking custody of the minor son and to declare him as natural guardian of the said boy. Pending disposal of the said O.P., the petitioner herein also filed IA No. 577 of 2008 in the said O.P. under Secs. 8 and 25 of the Guardian and Wards Act to grant interim custody of the minor child to the petitioner, which was opposed by the wife- respondent by filing a detailed counter. The court below, on considering the rival contentions dismissed the said application prima facie recording a finding that in fact the petitioner himself has driven his wife and son out of the house and never showed any love and affection towards them and the minor son is living like an orphan and, therefore, the petitioner has failed to make out any ground for the grant of interim custody of the minor boy. Aggrieved by the said order dated 25.11.2009, the present Civil Revision Petition is filed by the husband. This court examined the minor boy on 9.4.2010 in camera proceedings, wherein he expressed his willingness to stay with his mother respondent herein and, therefore, the petitioner – husband is only permitted to visit the boy between 10.00 a.m. to 2.00 p.m. on every Sunday. Thereafter, at the request of the petitioner to extend the timings, the petitioner was permitted to visit his son in between 10.00 a.m. to 5.00 pm. on every Sunday. Learned counsel for the petitioner submits that the wife also filed O.P. No. 534 of 2007 under Sec.18 and 20 of the Hindu Marriage Act seeking maintenance of Rs.5000/- per month for herself and Rs.2,000/- for the minor son from March, 2005 and the petitioner herein has filed OP No. 1423 of 2008 under Sec.9 of the Hindu Marriage Act for restitution of conjugal rights. It is stated that both the parties are making an attempt for amicable settlement and there is likelihood of the settlement of the disputes between the petitioner and the respondent. Having regard to the facts and circumstances of the case, I am of the opinion that no useful purpose would be served by keeping the present Civil Revision Petition pending. The petition filed by the petitioner seeking interim custody of the minor boy was dismissed by the court below but, however, this courts, after examining the minor child, permitted the petitioner to visit his son in between 10.00 a.m. to 5.00 p.m. on every Sunday. Therefore, it is just and proper to continue the said order pending disposal of the O.P. before the court below. Accordingly, the Civil Revision Petition is disposed of continuing the visiting rights granted to the petitioner – husband between 10.00 a.m. to 5.00 p.m. on every Sunday, pending disposal of the O.P. As rightly submitted by the learned counsel for the petitioner, as both the parties are making efforts to settle the disputes amicably, the Family Court, Visakhapatnam, may also facilitate the parties for an early settlement of the disputes amongst the parties. No order as to costs. ___________________ Justice V.Eswaraiah March 11, 2011 MAS