M.A. AZEES Vs. A.MYMOONUMMA

JUDGEMENT

(1.) The appeal arises out of a petition filed by the respondent under S.25 of the Guardians and Wards Act for the custody of her minor grandchild by name Nisa from the appellant who is the father of the child.

(2.) The respondent's daughter Arifa Beevi married the appellant on 12-10-1967 and Nisa is the child born to them on 12-8-1968.

(3.) Arifa Beevi was taken to the respondent's residence 'Moon Vilas' in Vallakkadavu in Trivandrum for her confinement. Arifa Beevi died on the twelfth day of her confinement. It is common ground that the child was with the respondent for a period of three months after its birth. But the averment of the respondent in the petition is that the child was in her custody till 13-9-1969 and the appellant removed the child without her consent. A registered notice Ex. P 19 j dated 15-9-1969 was sent by the respondent through her counsel to the appellant for the return of the child. Ex. P 20 is the reply given by the appellant. The petition under S.25 of the Guardians and Wards Act was filed by the respondent on 22-9-1969. The learned additional District Judge of Trivandrum allowed the petition and directed the appellant to deliver back the child to the respondent. The appeal is filed against the decision of the lower court.