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Minor boys take case directly to High Court judges

Mohamed Imranullah S.

MADURAI: Two minor boys on Friday directly addressed two judges at the Madras High Court Bench in Court Hall No.4 and insisted that they record a deposition against their mother.

The case pertained to a habeas corpus petition filed by a 32-year-old woman from Kovilpatti in Tuticorin district. She alleged that her two children, aged 15 and 12 years, were torched by their paternal uncle who kept them under illegal custody.

The matter came up for admission before a Division Bench of Justice S.K. Krishnan and Justice M. Jeyapaul who found out that the petitioner had divorced her husband on April 9 after 17 years of married life. Since then, her children had been living with their paternal uncle as their father was working abroad.

The Judges also understood that there was a dispute between the couple over a property owned by the petitioner. The husband had insisted on executing a deed in favour of the minor children and to nominate the petitioner’s mother as a guardian. But the wife did not agree to it.

Concluding that the habeas corpus petition had been filed with false allegations of illegal custody, the Bench dismissed the petition right at the admission stage without even ordering notice to the paternal uncle or the Tuticorin police. Thereafter, the Judges took up other cases and completed the list for the day.

Suddenly, the children entered the court hall through the lawyers’ gallery and requested the Judges to rehear the petition filed by their mother. They had come to know through some sources about her mother’s move to file a petition and hence appeared before the court to clear the air over the issue.

When queried by the Judges, the boys told that they did not want to go along with their mother. They preferred to stay with their uncle and continue their education. The boys also denied allegations that they were ill treated by their uncle. Raising many eyebrows in the court hall, the boys even refused to speak to their mother for five minutes as requested by her.

Recording their statement, the Judges closed the petition stating that the mother could approach the lower court concerned and seek appropriate relief, if she wanted to claim guardianship over the children.

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