J. SADIQ BATCHA Vs. A. MOHAMED KASIM

JUDGEMENT

(1.) The appellants herein, who are the father and paternal grand-mother respectively of a minor girl by name Selina aged about 4, have filed the present Civil Miscellaneous Appeal against the order, dated 30.04.2012, passed by the Principal Subordinate Judge, Tanjore, dismissing G.O.P. No.220 of 2010 filed by the appellants herein as petitioners and consequently, directing the appellants to hand over custody of the minor to the respondents, who are the maternal grand-parents of the child.

(2.) At the outset, the case of the parties before the trial court is given in brief here-under:

(3.) Before the trial court, documents under Exs.P1 to P3 came to be marked on the side of the petitioners and the 2nd petitioner got examined herself as PW-1. On the side of the respondents, 1st respondent was examined as RW1 and the pension documents and bank pass book were marked as Exs.R1 and R2 respectively. The trial court, after considering the oral and documentary evidence, found that guardianship could not be handed over to the father/1st petitioner therein since he is not living in the country and is in abroad and further, the 2nd petitioner had also to look after the other grandchildren as well as the family members; therefore, it is just and proper to order custody in favour of the respondents for whom, after the demise of their sole daughter, the only aspiration in life is to raise up the grand-daughter and for such purpose, they have sufficient financial means in the form of income through pension and immovable properties. So finding, the trial court, by the impugned judgment, concluded that the petitioners are unfit to be appointed as Guardians of minor- Selina and directed them to hand-over custody to the respondents/maternal grand parents. Hence, the petitioners/father and paternal grandmother of child-Selina have come up with the present Appeal.