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2016 Supreme(Ker) 256

C.K.ABDUL REHIM, SHAJI P.CHALY
BIJI – Appellant
Versus
VIJIL (DIED) – Respondent


Advocates Appeared:
For the Appellants : SRI. G. SREEKUMAR (CHELUR), SRI. N.L. BITTO.
For the Respondents: SMT. P.R. REENA AND SURYA BINOY FOR CAVEATORS.

JUDGMENT :

Shaji P. Chaly, J.

This appeal is preferred by the respondent/wife against the judgment in G.O.P No.1293 of 2012 of the Family Court, Irinjalakuda, dated 06.02.2016. By the impugned judgment the Family Court has declined permanent custody of the minor child to 2nd and 3rd respondents who are the parents of the 1st respondent husband, but granted visitation rights. It is challenging the visitation rights permitted to respondents 2 and 3, this appeal is preferred. The 1st respondent husband is no more.

2. Brief facts required for the disposal of the appeal are that; the 1st respondent has filed the Original Petition seeking an order of permanent custody of the minor child, Anushka, aged 3 years. When the trial was in progress, the 1st respondent died in a motor accident and thereupon the 2nd and 3rd respondents herein, who are his parents, were impleaded as additional petitioners and the trial continued with them in the array of petitioners. The child was only 11 months old when the Original Petition was filed. The Original Petition was filed before the Family Court, Thrissur. Subsequently, consequent to the establishment of Family Court, Irinjalakuda the same was transferred
























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