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1992 Supreme(Mad) 325

K.M.NATARAJAN, ARUMUGHAM
D. Vaidyalingam – Appellant
Versus
Kuppuswamy Reddi and Others – Respondent


For the Appearing Parties:R. Mohan, K. Sampath, S. Shanmughavelayutham, Advocates.

Judgment :-

K.M. NATARAJAN, J.

This writ petition is filed under Article 226 of the Constitution of India seeking for the issuance of a Writ of Habeas Corpus directing respondents 3 and 4 to produce the minor children (male child Haribaskar, aged about 7 years, and female child Lavanya, aged about 5 years) before this Court and direct their custody to the petitioner.

2. The brief facts which are necessary for the disposal of this writ petition are as follows : It is the admitted case of both parties that the petitioners daughter Pushpalatha was married to one Dhandapani who is the son of respondents 1 and 2, on 12-12-1982. The petitioners daughter died on 18-3-1988. Subsequently, in the writ petition filed by the petitioner, W.P. No. 10945 of 1988, for issue of a Writ of Habeas Corpus, this Court gave direction for admitting minor Haribaskar in Bala Mandir, Madras, till the question also who is entitled to custody of him is decided by competent civil Court. The petitioner filed O.P. No. 10 of 1989 against the father of the minor children claiming custody of the children, before the District Court, West Thanjavur. While the said O.P. No. 10 of 1989 was pending, Dhandapani, the father





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