In the matter of KC v. UK, the bench of Madras High Court allows the Citizen of US to take his sons abroad. The division bench of the Court headed by Justice S Vaidyanathan and Justice Anand Venkatesh, disagreed with the orders of the Single Bench judge to grant interim custody of minor twins born in the US to their mother till the pendency of the matrimonial dispute in India.

The dual bench noted that he single judge could not have the power to deal with the subject matter of custody which was already decided in a habeas corpus petition.

 The court also noted that under Clause 37 of the Letters Patent Act and Article 225 of the Constitution, the High Court has framed the Madras High Court Writ Rules 2021 which mandates that a petition for Habeas Corpus should be posted only before a division bench.

By giving reference to the District Magistrate v. K.C.Mammen Mapillai, Court held that a single Judge of the Court has no power to deal with a matter, contrary to the allocation made under the Appellate Side Rules.

They also mentioned that under Clause 37 of the Letters Patent Act and Article 225 of the Constitution, the High Court has framed the Madras High Court Writ Rules 2021 which mandates that a petition for Habeas Corpus should be posted only before a division bench.

Since the passport of the twins was expiring the court directed that there is an urgent need to renew the Passport otherwise the stay of the children will become illegal and the OCI card granted by the children will get cancelled.