STEPHEN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner is the father of the minor children namely S.Abi Martin, aged 5 years and S.Merlin, aged about 2 years. His wife, Mrs.Jasmin @ Jospin, committed suicide on 11.02.2012. At that time, the petitioner was in Abu Dhabi. A case has been registered in respect of the death of his wife and the matter is under investigation. He returned to India in the month of November 2012. The children were all along in the custody of the third respondent, who is maternal grand father of the children. Alleging that the custody of the children with the third respondent is illegal, the petitioner has come up with this Habeas Corpus Petition.

(2.) TODAY , when this Habeas Corpus Petition was taken up, the petitioner and the third respondent are present before this Court. The third respondent has produced the minor children also. The second respondent is also present before this Court. We have heard the learned counsel appearing for the parties and also perused the records carefully.

(3.) WE have considered the above submissions. In our considered opinion, while exercising the Habeas Corpus Petition jurisdiction, this Court can not go into the question of legal guardianship or legal entitlement to have the custody of the minor children. In this Habeas Corpus Petition, we are concerned only with the welfare of the minor children. Undoubtedly, the children have been all along in the custody of the third respondent right from the death of their mother. The third respondent is after all the maternal grandfather of the children.