A 16-year-old boy and his sister (11) have approached the Supreme Court against their parents, who during a divorce case before a Canada court mutually agreed that the Courts there alone shall have jurisdiction to determine their rival claims to the kids' custody.
The children, allegedly being forced by the mother to return go to Canada in accordance with its court order, refuse to leave India.
They want to pursue their studies in an international school in Gurgaon and continue living with the maternal grandparents. They have claimed the mother is forcing them to go back as she feared legal action against her for violating the Canadian court order.
The siblings' advocate Shalini Kaul said: "In an interim relief to them, a vacation bench headed by Justice Deepak Verma has permitted them to stay with the maternal grandparents."
The court passed the order after talking to the boy in an open court on Tuesday.
It ordered: "...He has categorically revealed that presently he is pursuing his studies along with his younger sister…. Looking at the facts... of the case, we direct they continue to be in India until further orders."
The SC would now hear the matter once the court reopens after vacation.
The children said before the SC they were living without either parent in Canada under the care of their paternal grandparents as the father works in the US. The mother had moved to India in 2006 after the split. The kids came to India July last year and stayed with their maternal grandfather in Chennai.
They have opposed their parents' consent permitting the Canadian court to settle the custody issue. The undertaking was given on July 10, 2009 after which the court in September 2009 directed the kids' mother to produce them before it.
The children approached the Madras HC.
The HC in January 2010 declined them relief on the ground that it lacked territorial jurisdiction to hear the case.