IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 MFA. No. 374 of 2001 -------------------------- OP.19/1998 of FAMILY COURT,THRISSUR .................... APPELLANT/ PETITIONER: -------------- HABEEB, S/O. PANIKKAVEETTIL AHAMMED, VADANAPPILLY VILLAGE, DESOM CHAVAKKAD TALUK. BY ADV. SRI. RAJIT RESPONDENT/RESPONDENT: ----------------- FASEELA, D/O. VETTITHULATH MUHAMMED, CHENAM DESOM, CHERPU VILLAGE, THRISSUR TALUK. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- M.F.A. No. 374 OF 2001 ----------------------------------------- Dated this the 5th day of February, 2008. J U D G M E N T Kurian Joseph, J. The appellant is aggrieved by the dismissal of O.P.No.19/98 on the file of the Family Court, Thrissur. The said original petition was filed for custody of his two minor children. According to the petitioner, in view of the mental condition of the respondent, it will not be possible for her to bring up the children. The appeal has been pending before this Court for the last more than six years. 2. We do not think at this point of time the order should be interfered with. In case the appellant is still interested, we make it clear that it will be open to the appellant to approach the Family Court, Thrissur incorporating fresh grounds in view of the intervening developments also. This appeal is disposed of as above. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp KURIAN JOSEPH & HARUN-UL-RASHID, JJ. M.F.A. No. 374 OF 2001 J U D G M E N T 05.02.2008