Original Petition filed under Section 25 of the Guardian and Wards Act, 1890 to direct the respondent to restore the custody of the minor son A.Arshath Ahamed to the petitioner.

Heard both sides.

2. This Original petition is filed by the petitioner- mother under Section 25 of the Guardian and Wards Act, 1890 (for short GAWA) seeking for the custody of her minor son A.Arshath Ahamed born on 22.02.2004.

.3. The original petition was admitted on 112. 2008. On notice from this Court, the first

.respondent, who is the grand father of the minor child entered appearance and has filed a counter affidavit on 22.06.2009 resisting the claim. Subsequently, after the evidence of the petitioner was recorded as P.W.1 and the first respondent as R.W.1, the respondent filed an application in A.No.3206 of 2009 to implead the second respondent as party second respondent. The same was ordered by this Court on 29.07.2009. The impleaded second respondent is the father of the minor boy A.Arshath afaaaAhamed. Though he did not file any counter statement independently, he has filed a proof affidavit and also examined himself as R.W.2.

4. The case of the petitioner was that she is the daughter