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1992 Supreme(Ker) 40

G.H.GUTTAL, VARGHESE KALLIATH
Baby Sarojam – Appellant
Versus
S. Vijayakrishnan Nair – Respondent


Advocates:
K. Karthikeya Panicker, for Appellant; P. Sukumaran Nayar, for Respondent.

Judgement

VARGHESE KALLIATH, J. :- Niraja and Neeratha are two little kids aged 4 years and 3 years. Their father Vijayakrishnan Nair and their grandmother are fighting a fierce legal battle for them. Vijayakrishnan Nair married Sreedevi on 5-7-1984. It was not an arranged marriage. They met and decided to live in marriage bond. The parents of Sreedevi were not very happy about the marriage. Sreedevi is now no more. She died on 30-1-1990. It was not a natural death. Sreedevi's parents believe that it is a homicide and Vijayakrishnan Nair is responsible for the death of Sreedevi. Vijayakrishnan Nair tells the Court that it was a suicide and the cause was not at all attributable to him, but the end result of an intense remorse, Sreedevi had on the guilty feeling of her own marital infidelity and deviations. These unhappy events made two innocent children, the spear-head of a hotly contested litigation.

2. The maternal grandmother of Niraja and Neeratha reached the Guardian Court (District Court) for the custody and guardianship of Niraja and Neeratha. It was seriously opposed by the father, Vijayakrishnan Nair. The legal battle with all its fury and frenzy followed. The District Court
























































































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