IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V &

THE HONOURABLE MR. JUSTICE P.M.MANOJ ST FRIDAY, THE 21 DAY OF JUNE 2024 / 31ST JYAISHTA, 1946 MAT.APPEAL NO. 386 OF 2024 ORDER DATED 26.03.2024 IN OP NO.1213 OF 2019 OF FAMILY COURT, PALAKKAD APPELLANT/PETITIONER:

MURALIKRISHNAN AGED 45 YEARS S/O.SUBRAMANIAN, 42/528, MURALI NIVAS, SIVAJI ROAD, MOOTHANTHARA, PALAKKAD, PIN - 678012 BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

RESPONDENTS/RESPONDENTS:

1 RAMACHANDRAN AGED 85 YEARS S/O.BALAGUPTHAN, SREEKRISHNA VILAS, ARAPPARA.P.O, VAZHAMPURAM, PALAKKAD, PIN - 678582

2 RAJANI AGED 55 YEARS W/O.RAMACHANDRAN,SREEKRISHNA VILAS, ARAPPARA.P.O, VAZHAMPURAM, PALAKKAD, PIN - 678582

3 RAHUL AGED 35 YEARS S/O.RAMACHANDRAN, SREEKRISHNA VILAS, ARAPPARA.P.O, VAZHAMPURAM, PALAKKAD, PIN - 678582 BY ADVS.

BINOY VASUDEVAN FOR PARTY RESP.

R.MANIKANTAN(M-697)

THIS MATRIMONIAL APPEAL HAVING COME UP FOR FINAL HEARING ON 21.06.2024, ALONG WITH Mat.Appeal.481/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V &

THE HONOURABLE MR. JUSTICE P.M.MANOJ ST FRIDAY, THE 21 DAY OF JUNE 2024 / 31ST JYAISHTA, 1946 MAT.APPEAL NO. 481 OF 2024 ORDER DATED 26.03.2024 IN OP NO.1213 OF 2019 OF FAMILY COURT, PALAKKAD APPELLANTS/RESPONDENTS:

1 RAMACHANDRAN AGED 64 YEARS S/O.BALAGUPTAN, AGED 64 YEARS, SREEKRISHNA VILAS, ARAPPARA (PO) VAZHAMPURAM, PALAKKAD, PIN - 678552 2 RAJANI W/O.RAMACHANDRAN, AGED 54 YEARS, SREEKRISHNA VILAS, ARAPPARA (PO), VAZHAMPURAM, PALAKKAD, PIN - 678552

3 RAHUL S/O.RAMACHANDRAN, AGED 34 YEARS, SREEKRISHNA VILAS, ARAPPARA (PO) VAZHAMPURAM, PALAKKAD, PIN - 678552 BY ADVS.

BINOY VASUDEVAN R.MANIKANTAN SREEJITH SREENATH RINCY KHADER K.V.RAJESWARI RESPONDENT/PETITIONER:

MURALIKRISHNAN S/O. SUBRAHMANIAN, AGED 46 YEARS, 42/528, MURALI NIVAS, SIVAJI ROAD, MOOTHANTHARA, PALAKKAD, PIN - 678582 BY ADV V.A.Johnson (Varikkappallil) V A THIS MATRIMONIAL APPEAL HAVING COME UP FOR FINAL HEARING ON 21.06.2024, ALONG WITH Mat.Appeal.386/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Raja Vijayaraghavan, J Mat. Appeal No.386 of 2024 is filed by the petitioner in O.P.No.1213 of 2019 on the file of the Family Court, Palakkad. The respondents therein are the father, mother and brother of the deceased wife of the petitioner. Mat. Appeal No.481 of 2024 is filed by the respondents in Mat.Appeal No.386 of 2024. Both parties challenge the order dated

26.03.2024 passed by the Family Court, Palakkad.

2. Short facts are as under:

The appellant in Mat Appeal No.386 of 2024 filed a petition under Section 25 of the Guardian and Wards Act, 1860. In his petition, he contended that the marriage with his late wife, Remya, was solemnized on January 26, 2004. They have three children in the matrimonial relationship. The eldest son was born on April 20, 2005, and their middle child, a daughter, was born on November 9, 2013. The youngest girl child was born on July 25, 2016, and is currently about seven years old. During the birth of the youngest child, certain complications arose, which tragically led to the untimely demise of his wife. Since the youngest child was an infant at the time, she was raised by her maternal grandparents.

The older children have been in the custody of the petitioner. The petitioner states that the maternal grandparents are now obstructing his attempts to meet or contact his youngest child. He asserts that he is not being informed about the child's health or any other conditions, which he asserts is unjustified. It is further stated that the youngest girl child is to grow up in the company of her older siblings for her emotional and psychological upbringing. It is stated that the petitioner being the father, who has successfully brought up the two older children is significantly more suited to mentor and bring up the younger child. It is on these assertions that the petitioner has filed a petition seeking permanent custody