T. KIMHOILHING MINOR Vs. DONKHANCHING ALIAS CHINU

JUDGEMENT

(1.) Heard Mr. N.Umakanta, learned counsel for the appellants. Also heard Mr. Kh.Athouba, learned Government Advocate for the State respondents, Mr. S.Samarjit Singh, learned CGC for the respondent No.2 as well as Mrs. G.Puspa, learned counsel for the private respondent.

(2.) The appellants, 5 in number, are sibling borne out of the wedlock between late T.Jamthenlal Haokip, a resident of Tuibung, P.O. Churachandpur, Manipur and Smt. Donkhanchin, the respondent herein. Out of the wedlock, it is not in dispute that 6(six) girl children were born, out of that, two were born as twins. It is also fairly pleaded by Mr.Umakanta appearing for the siblings that one of the twin sisters, was given away by way of adoption to a family relative and he is not representing that child. The other five sisters are before this Court seeking their shares in respect of terminal benefits of their father, late Jamthenlal Haokip.

(3.) The respondent widow earlier filed a petition before the writ Court for a mandamus to direct the official respondents, State to release terminal benefits of her late husband. In her petition filed in the year 1999, W.P(C) No.1633 of 1999, she has clearly shown the paternal grandfather as respondent No.5 and respondents No.6, 7, 8, 9 and 10 are the minors daughters represented by paternal grandfather, respondent No.5. Therefore it is admitted that the minor children are in the custody, guardianship and control of the grandfather at the time of filing of the petition by respondent widow.