Posts

divorce petition with custody petition, = Even custody remained with the mother, right of the father to see the children at the intervals cannot be ignored and as per the Halsburys law of England referred supra the father and mother got equal right to shower their love and affection to the children and as held in Rosy Jacob supra the Court dealing with custody and guardianship matters and the disputes between the father and mother in relation to the custody of the children is expected to strike a just and proper balance on the rights, requirements and sentiments.- the order of the lower Court in allowing the petition to the extent of permitting the father of the children to see and interact with the children on every Sunday between 10 AM and 12 Noon before the Secretary, District Legal Services Authority, City Civil Court, Hyderabad, no way requires interference, but for to cooperate even by the mother of the child to implement the order instead of driving the Family Court to implement with legal coercion by invoking the provisions of Sections 25, 26 and 40 to 45 of Guardians and Wards Act.

Preceded by a media trial along with the inevitable sensationalism and political hullabaloo, drawing the attention of no less than the Home Minister of the State, conviction of the sole accused of a double murder- Narla Srinivasa Rao (D1) and his wife, Satyavathi (D2), were killed within the precincts of their own residence at 3rd Street, Lalithanagar, Rajahmundry, on 17.09.2009 at about 8.45 PM. Matta Rajesh, the sole accused, was apprehended at the scene of the offence. He was stated to have been harassing Anusha (P.W.2), the daughter of the deceased couple, and allegedly committed the attack, injuring her and resulting in the death of her parents, as she spurned his advances.= Significantly, in his examination under Section 313 CrPC, the accused denied that during the compromise talks, the elders on his behalf assured P.W.2 and D1 that he would be sent out of the State. This claim is contradicted by P.W.15, the BJP leader who worked the compromise, who stated that the father and brother (D.W.6) of the accused told him that they would send the accused to Chennai. The accused further stated that they vacated the portion adjacent to P.W.2s house voluntarily and that they were not made to vacate the same by the police. He contradicted this statement in his chief-examination as D.W.4 by admitting that the family of P.W.2 got them vacated from the portion. Contradictions galore in his testimony therefore weigh heavily against the accused. On the other hand, this Court finds that the prosecution clinchingly established that the accused, consumed by unrequited passion for P.W.2, not only subjected her to harassment, time and again, but also unlawfully entered her house on the fateful night with the intention of doing her fatal bodily harm and upon the intervention of her parents, he mercilessly killed them. Given the admitted fact that the accused was caught at the scene of the offence itself and as P.W.2s evidence as to what actually happened remained unshaken on all essential aspects, the contrary version put forth by the accused is utterly implausible and failed to withstand incisive cross-examination.