POOLAKKAL AYISAKUTTY Vs. PARAT ABDUL SAMAD

JUDGEMENT

(1.) This appeal arises out of the order passed in LA. No.483 of 2004 granting custody of the minor child aged 4 years to the father in preference to the maternal grandmother.

(2.) Senior Counsel appearing for the maternal grandmother Sri. K.C. John submitted that the order passed by the Court below is in violation of S.352 and 353 of the Mulla's Principles of Mahomedan Law with regard to guardianship. Counsel appearing for the respondent father Smt. Molly Jacob on the other hand contended that the above mentioned provisions would give way to the provisions of the Guardians and Wards Act with regard to the welfare of the child. Father of the child filed O.P. before the Family Court, Manjeri for custody of his minor son who was in the custody of the maternal grand parents. Mother of the child had committed suicide and after her death child was brought up by the maternal grandparents. Father had filed an application for the custody of the child which was earlier allowed by the Family Court. Matter was taken up before this Court by the maternal grand parents by filing M.F.A. No. 847 of 2002 before this Court. This Court modified the order and father was only permitted to have visitation rights to take the child occasionally during festival sessions as well as on holidays. While holding so, this Court held as follows:

(3.) S.352 of the Mahomedan Law states as follows: