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Indian family's battle for custody of three kids reaches US court

A legal battle by an Indian family for the custody of three minor children, whose mother died under mysterious circumstances in Tamil Nadu, has reached a US court.

A petition in this connection had been filed before the Oakland Country Circuit Court in Michigan by a US-based Malayali couple, Thomas Pazhampally and Thresiamma as they suspect foul play in the death of their daughter J Achamma at her husband's house at Gudallur in Tamil Nadu on January 24 this year.

The petition has been filed for the custody of their US-born grandchildren Jamie (13), Jaisy (10) and Jaison (5), now living with their father Jose Paul.

The US court is scheduled to commence hearing on Monday to determine whether it has jurisdiction in the case.

Achamma, who was working as a nurse in New Jersey, had shifted to her husband's place a couple of years ago for the education of the three children in India. They had plans to return to the US for their higher education.

The grandparents, settled at Troy, moved the US court after the children's father took them away from Gudallur after an autopsy report confirmed that the woman had died of insecticide poisoning.

The first post-mortem report had identified the cause of the death as a massive heart attack. Achamma's relatives had sought a second post-mortem after they grew suspicious over the haste with which the body was buried.

The second post-mortem was conducted on the basis of Achamma's brother Sasi Thomas' representation to the Udhagmandalam district superintendent of police.

Three months after the death, the body was exhumed and the post-mortem found traces of insecticide in Achamma's stomach.

The case generated interest in Kerala as Achamma's kin had approached the Church authorities in the state for permission to sue a priest and a nun for their alleged involvement in hiding facts regarding the death.

They have sought the permission of Tellichery arch bishop to move against the two members of the clergy, suspecting their involvement in the cover-up. The nun was working as a doctor at the hospital where Achamma was examined.

The nurse's brother, who is settled in Kannur district in Kerala, has also submitted a memorandum to Tamil Nadu Chief Minister M Karunanidhi for a high-level investigation into the case. The memorandum has expressed dissatisfaction over the present inquiry by the Gudallur police.

The petition filed by the couple prays the US court to take jurisdiction over the case since the children are now staying with their father, who is working with an investment bank in New York.

Legal experts in Kerala feel that the US court would not hesitate to grant the guardianship of the children to the grandparents if sufficient material is provided casting doubts about the actual cause of the death.

Thiruvananthapuram-based advocate Philip M Prasad said that, since the children are old enough to express their preference, the court can seek their opinion.

He said that in the Indian context, the courts generally decide on the basis of the circumstances of the death and the children's preference.

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