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Bench rejects father's plea for custody of children

By Our Staff Reporter

MADURAI, MARCH 30. Vignesh and Sujithra, one-and-a-half-year-old twin brother and sister, were taking a nap this afternoon unmindful of their being produced before the Madurai Bench of the Madras High Court on a habeas corpus petition filed by their father, alleging that the kids were illegally detained by their maternal grandparents.

With the elders vying with one another for securing the custody of the children, little did the kids, who lost their mother, know about the dispute or that they were before a court of law. Though counsel made heated arguments, the Bench ruled it was prima facie satisfied that the kids were not in illegal custody of the grandparents. Unwilling to send the children with the father, the Bench said: "We cannot lose sight of the case registered against him under 498-A (husband or relative of husband subjecting her to cruelty) and 304-B (Dowry Death) of the IPC."

However on the grandparents agreeing to let the father meet the children whenever he wishes, the Bench allowed him to do so.

According to the grandparents from Mayiladuthurai, the marriage of their daughter, Nirmala, with D. Karthikeyan (32) of Thanjavur was solemnized in 2002. She gave birth to the twins on June 18, 2003. Unable to bear dowry harassment, she died under suspicious circumstances on June 22, 2004.

A case was registered against Karthikeyan, his parents and three sisters and a charge sheet was filed in the trial court. But the accused obtained anticipatory bail.

"Though the children were in our custody for the past seven months, the father has filed a false affidavit that we kidnapped them on March 7 from his house," the grandparents alleged.

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