SC's relief to kids caught in parent's marital dispute abroad
New Delhi: In a relief to two minor
children, whose parents are locked in a divorce battle in
Canada, to pursue their studies in India, the Supreme Court
has directed that they be allowed to stay in this country
until further orders.
"Looking at the facts and circumstances of the case, we
direct that they would continue to be in India until further
orders," a vacation bench comprising Justice Deeepak Verma and
Justice K S Radhakrishnan said.
The court passed the order on the plea of the children
seeking a direction from the court to let them stay in India
so that they can pursue their studies.
The children, who are staying here with their grand
parents and are studying in a school in Gurgaon, pleaded they
would like to stay India and continue their studies here.
They contended their mother is pressurising them to go to
Canada to live with their father to avoid initiation of legal
action against her.
The mother of the two children is locked in divorce suit
with their father in Canada who have mutually agreed that the
Canadian court shall have exclusive jurisdiction to decide the
custody of their children.
Earlier, the Madras High Court had refused to give any
relief to the two children on the ground that it did not have
jurisdiction over the matter.