R JAYAN Vs. P JAYASREE

JUDGEMENT

(1.) This appeal is preferred by the appellant - father of a minor female child aged above 7 years aggrieved by the rejection of his petition for custody of his daughter. When the appeal was filed, the child was in the custody of the original respondent i.e., the mother of the child. During the pendency of this appeal, the mother of the child expired and the child continued to be in the custody of the additional 2nd respondent i.e., the maternal grandfather of the child. Interim arrangements regarding custody were sought and this Court by order dated 18/8/09 as modified by order dated 30/9/09 has made arrangements to ensure the visitorial rights of the appellant i.e., the father of the child. That arrangement has been continuing in force. Directions were issued from time to time regarding custody of the child during intervening vacations also.

(2.) We have heard both counsel on merits in the appeal. The dispute now is as to whether the child must continue in the custody of the maternal grandfather i.e., the additional 2nd respondent or must be left in the custody of the father of the child i.e., the appellant.

(3.) On this crucial aspect we find no evidence has been adduced by either side before the court below. The impugned order is one passed along with several other connected matters all of which have now become irrelevant. On the precise question that arises for determination in this appeal now we found that there is crucial and vital lack of evidence/materials. We requested the counsel and they also accepted that there is need to adduce evidence on the disputed questions for a proper consideration and disposal of the issue that has been raised in this appeal now.