IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 11962 of 2008(S) ---------------------------------- OP.87/2007 of FAMILY COURT, KASARAGOD .................... PETITIONER: --------------- KHADEEJABI ALIAS KHADEEJATHUL KUBRA, AGED 29 YEARS, D/O.H.MOHAMMED, R/AT BADRIYA HOUSE, BELA POST CHERLA, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH SMT.V.SETHUKUTTY AMMA RESPONDENT: ----------------- MOOSA.K.N., AGED 39 YEARS, S/O.LATE MAMMUNHI BEARI, R/AT HILLTOP HOUSE, NARIYAR, MOODAMBAYIL POST, KASARAGOD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID,JJ. --------------------------------------- W.P.(C) No.11962 OF 2008 --------------------------------------- Dated this the 8th day of April, 2008. J U D G M E N T Kurian Joseph, J. Petitioner is aggrieved by the order dated 13.3.2008 in O.P.No.87/2007. The issue pertains to the custody of the minor children. According to the petitioner without any application of mind, on the mere asking the custody of the minor children were handed over to the respondent father. Petitioner submits that Family Court should ascertain the wishes of the children and also assess the whole situation before handing over of the custody of the children. We do not think that the Family Court would act otherwise. In the matter of custody of the minor children, Family Court should make an attempt to ascertain the wishes of the children and their interest also before passing orders regarding custody. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. ps