HASSAN RAWTHER K K Vs. S ABDULA AZEEZ

JUDGEMENT

(1.) THE maternal grandparents of a minor by name 'Naureen Abdul Azeez' are the appellants in this Mat. Appeal. THEy are aged 64 years and 61 years respectively. THE minor child is aged 11 years (date of birth : 14/04/1999). THE respondent herein is the father of the minor child. THE mother of the minor child Anjana Hassan got married to the respondent herein on 14/05/1998. Even though there was unilateral pronouncement of talaq by the respondent on 27/10/2002, the marital tie appears to have continued - evidently by resumption of co-habitation. THE marital tie was put an end to under Ext. B1 agreement of divorce entered into between the spouses on 09/04/2006. In the said agreement, the following stipulations regarding custody of the child appear in paragraphs 4 and 5.

(2.) AS per the stipulations in Ext. B1, the child continued to be in the custody of the grandparents at Adoor. The respondent, that is the father of the child, had taken up employment abroad and he resides at Saudi Arabia. He has re-married and has two children born in such latter wedlock.

(3.) THE petitioners/grandparents submitted that they were becoming old. THEy are not able to effectively manage the affairs of the minor child. THE child was growing. THE child is likely to attain puberty shortly. THE child requires the care and custody of its mother at this juncture and in any view of the matter, the mother was in the best position to act as the guardian and keep custody of the child. To satisfy the demand of the visa officials, the step father was shown as the proposed joint guardian. He expressed his consent to so act by filing Ext. A16 joint declaration along with his wife.