IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 Mat.Appeal.No. 613 of 2007() ---------------------------- OP.387/2004 of FAMILY COURT,KOZHIKODE .................... PETITIONER(S): APELLANT/RESPONDENT ---------------------------------- ABDUL RAHIMAN, NELLIKKUNNUMMAL HOUSE, CHELLATTU POYIL, AMSOM, VALLIAD NADA P.O. PAYYOLI, KOZHIKODE DISTRICT. BY ADV. SRI.B.KRISHNA MANI SRI.SIJU RAJAN RESPONDENT(S): PETITIONER ------------------------- RABIYA, MALAYIL, PUTHUPPANAM AMSOM, VATAKARA TALUK. ADV. SMT.T.KAMALA MENON FOR R1 WAHIDA BABU[CONCILIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 3/7/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.2523 OF 2007 IN MAT.A.NO.613/07: DISMISSED 3/7/2009 //true copy// R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- Mat. Appeal No.613 of 2007 ------------------------------------------------- Dated this the 3rd day of July, 2009 JUDGMENT Basant,J. This appeal is preferred by the appellant – father of the two children, against whom an order has been passed under Sec.25 of the Guardian and Wards Act directing him to give custody of two of the three children born to him in his relationship with the respondent herein. Proceedings were initiated by the said respondent/wife. 2. The learned counsel for the petitioner/respondent has been pressing for an early disposal of the case. When the matter came up for hearing on 25/6/09, there was no representation for the petitioner/appellant/husband. It was hence directed that this case be listed for hearing on the top of the 500 list. Accordingly, the matter has come up today. Mat. Appeal No.613 of 2007 -: 2 :- 3. The learned counsel for the respondent submits that subsequent to the filing of this appeal, on account of the alleged cruelty of the second wife of the appellant, the children have returned to the respondent and they are now residing with the respondent. It is further submitted that a claim has been staked by the respondent/wife for the maintenance of those two children and that proceeding is pending before the Family Court, Kozhikode. 4. No specific contentions are raised to assail the impugned order. We are satisfied that the court below was eminently justified in directing that minors deserve to be given to the custody of the mother. In the absence of any specific contentions raised it is unnecessary to advert to facts in detail. This appeal is accordingly dismissed. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge Mat. Appeal No.613 of 2007 -: 3 :- Mat. Appeal No.613 of 2007 -: 4 :-