YUSUF Vs. SAKKEENA

JUDGEMENT

(1.) This appeal arises from an order of the Family Court, Thrissur in a proceeding under S.7 and 25 of the Guardians and Wards Act, 1897 (hereinafter referred to as 'the Act'). The father of three minor children, who was the respondent before the court below, is the appellant before us. The respondent mother filed O.P.No.743 of 1997 before the court below seeking the custody of the three minor children.

(2.) The case of the respondent mother is that her marriage with the appellant took place in the year 1985 and the three minor children shown in the petition were born out of the wedlock. The minor children were living with the mother till 14-9-1997. The two minor girls were studying in the VI standard in St.Joseph's High School, Enamakkal and the boy was studying in the II standard in G.M.L.P. School, Enamakal. They were also attending to the instructions at Madrassa at Kettungal. From the custody of the mother, the children were forcibly taken away by the appellant's uncle and thereafter they were under the custody of the appellant. Since the children were forcibly removed from the custody of the mother, their education hindered. The children were not sent to the school or to the Madrassa and the father was not attending to the affairs of the children. Therefore, in view of the paramount interest and welfare of the minor children, the respondent mother filed the above petition before the court below.

(3.) The father of the minor - children appeared before the court below and filed counter. His case is that he had divorced the mother of the children in October, 1997 and the allegations in the petition that he was not attending to the affairs of the children were denied. In sum, the contention of the appellant is that the interests of the minors had been sufficiently looked after and safeguarded by him and therefore the application should not be allowed.