S BANU Vs. RAGHUPATHY

JUDGEMENT

(1.) THE petitioner has filed this HCP to produce the petitioner's minor children Muthukumar and Muthulakshmi and hand over custody to the petitioner.

(2.) FOR appreciation of points, a brief narra?tion of background facts is necessary. The pe?titioner is a Muslim widow and during 1985, she married one Solai, a cycle rickshaw man and they had three children. The eldest son by name Muthusami was born in. 1986, second child was born in 1988 by name Muthukumar and third child was a girl child born during 1990 by name Muthulakshmi. During 1991, petitioner's husband Solai, while removing a block in the drainage system, got drowned and died. The petitioner was impoverished, unable to feed and maintain the children. With the help of one Hussain, Assistant Engineer, Metro Water (MMWSSB), petitioner handed over custody of all three children with the first respondent in Thiruvallur Gurukulam, Saidapet, run by the first respondent.

(3.) THE petitioner along with the said Hussain and Dass, visited the Gurukulam and met all three children consecutively for three months. It was ascertained from Chennai Metro Water Supply and Sewerage Board, a compensation of Rs. 1,02,156 was granted to the petitioners family for the death of her hus?band Solai and the entire amount was depos?ited with the Deputy Commissioner of Labour on 3. 12. 1993 for payment to the legal heirs of Solai. From 1993 onwards, the petitioner was in search of three children who were handed over at first respondent Thiruvalluvar Gurukulam.