IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 MFA.No. 906 of 2001() --------------------- OP.3/1996 of DISTRICT COURT, KASARAGOD .................... APPELLANT(S): -------------- A. JANARDHANA SHETTIGARA, AGED ABOUT 42 YEARS, SON OF NANDI SHETTIGARA, HINDU, CULTIVATOR, RESIDING AT BORKALA, IN KODLAMOGARU VILLAGE AND POST, KASARAGOD TALUK AND DIST. BY ADV. SRI.K.ANAND RESPONDENT(S): --------------- 1. THIMMAPPA SHETTIGARA, AGED ABOUT 65 YEARS,, HINDU, RESIDING AT BELMA BARUVA IN KONAJE VILLAGE AND POST, BANTWAL TALUK, D.K. DISTRICT, KARNATAKA STATE. 2. SMT. SUNDARI, AGED ABOUT 57 YEARS, WIFE OF THIMMAPPA SHETTIGARA, RESIDING AT.DO.DO. ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE SRI.K.JAYAKUMAR THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.F.A. No. 906 OF 2001 -------------------------------------------- Dated this the 10th day of June, 2009 JUDGMENT Ramachandran Nair,J. This appeal is filed against final order passed by the Family Court declining to grant custody of the children to the appellant for the reason that children are happy with their grand parents. Pending appeal, we summoned the appellant and his children and grand mother, and we ourselves talked to all of them with the help of translator in our Court. Thereafter we passed the interim order on 10.11.2008 directing interim custody to the appellant subject to certain terms. Thereafter appellant came with children and their grand mother and reported to this Court that there is raproachment among all the parties whereunder the appellant has undertaken to take care of the children. In view of this development, we vacate the findings of the Family Court and allow the appellant to have the custody of the children with specific instruction to him to take good care of them. If there is any grievance for the children or their grand mother, they are free to approach this 2 Court for passing appropriate orders against the appellant. Appeal is allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3