This is an application by S. Thaiyalnayagam d/o Sinnakutty (to whom I shall refer as Madam Thaiyalnayagam) for an order of custody of the following infants:—

(a) Danendra Sinnappa.

(b) Rohini Sinnappa.

(c) Malini Sinnappa.

These infants are the children of Sinnappa Sivapakiam and Jean Philomena Perera. Sinnappa Sivapakiam was the son of Madam Thaiyalnayagam, and he died in a car accident on January 1, 1978. Jean Philomena Perera was murdered on April 6, 1979 and she was the daughter of the Respondent, Gertrude Mabel Kodagoda alias Mabel Perera (to whom I shall refer as Madam Kodagoda). Therefore both Madam Thaiyalnayagam and Madam Kodagoda are grandmothers of the infants the subject matter of this application.

It would be useful to state briefly the history of the proceedings in the court relating to the infants. In May 1979 Madam Kodagoda filed an application for an order of adoption of the three infants, vide Adoption Application No. 4 of 1979. On May 18, 1979 Azmi J. made an interim order for Madam Kodagoda to have custody of theinfants for six months. On June 5, 1979 Madam Thaiyalnayagam applied to intervene in the adoption proceedings and on June 19, 1979 Abdul Ha