S VELAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The third respondent herein is the father of the children, by names, Karthigaipandi, aged about 10 years and Ganesh Pandi, aged about 7 years. The wife of the third respondent, i.e. the mother of the children, passed away before five years. The petitioner is the maternal grandmother of the children. According to the petitioner, the children were only in the custody of the petitioner after the demise of their mother. While so, according to the petitioner, on 19.10.2011, the children were taken by force, by the third respondent and they are illegally detained against their wish, by the third respondent. In this regard, the petitioner has preferred a complaint to the police on 22.10.2011. Thereafter, she has come up with the present Habeas Corpus Petition seeking to set at liberty, the minor children, and hand over their custody to her.

(2.) The learned counsel for the petitioner, while reiterating the allegations made in the complaint, would state that the children are kept by the third respondent against their wish, and having regard to the paramount welfare of the children, the children should be handed over to the custody of the petitioner.

(3.) But, the counsel for the third respondent would submit that it is true that for some time, after the demise of their mother, there was good relationship between the petitioner and the third respondent and hence the third respondent allowed the children to be kept in the custody of the petitioner. After some time, since there was misunderstanding between them, the third respondent had taken the children to his custody and he has put them in a local school also. Learned counsel for the third respondent would further submit that the third respondent is taking full care of the children and is educating them. He would further submit that the welfare of the children will be best served if they are in the custody of the third respondent.