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1998 Supreme(Ker) 390

D.SREEDEVI, P.A.MOHAMMAD
Yusuf – Appellant
Versus
Sakkeena – Respondent


Advocates:
A. P. Chandrasekharan and M. Krishnakumar, for Appellant; A.V.M. Salahudeen, for Respondent.

Judgement

MOHAMMED, J.:- This appeal arises from an order of the Family Court, Thrissur in a proceeding under Sections 7 and 25 of the Guardian and Wards Act, 1897 (hereinafter referred to as 'the Act'). The father of three minor children, who was the respondent before the Court below, is the appellant before us. The respondent-mother filed O.P. No. 743 of 1997 before the Court below seeking the custody of the three minor children.

2. The case of the respondent-mother is that her marriage with the appellant took place in the year 1985 and the three minor children shown in the petition were born out of the wedlock. The minor children were living with the mother till 14-9-1997. The two minor girls were studying in the VI standard in St. Joseph's High School, Enamakkal and the boy was studying in the II standard in G.M.L.P. School, Enamakkal. They were also attending to the instructions at Madrassa at Kettungal. From the custody of the mother, the children were forcibly taken away by the appellant's uncle and thereafter they were under the custody of the appellant. Since the children were forcibly removed from the custody of the mother, their education hindered. The children were not se













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