“Woman Cannot Be Forced to Choose Between Career and Child”: Bombay High Court Allows Mother to Relocate to Poland with Child
The Bombay High Court ruled that a woman should not be made to choose between her career and her child, allowing a mother to relocate to Poland with her daughter where she secured a job.
Justice Bharati Dangre set aside a lower court’s order that had restricted the woman’s travel, stating that the judge had overlooked a woman’s right to professional development.
The woman had filed a petition in a Pune family court under the Guardian and Wards Act to be declared the sole guardian of her daughter. She also sought permission to move to Poland with her daughter for a job opportunity.
Additionally, she requested the court to direct her husband to provide a non-objection certificate for the daughter’s visa. The family court rejected her application, preventing her from traveling abroad during the guardianship litigation.
The woman challenged this decision in the High Court. Justice Dangre considered the father’s right to access his daughter before overturning the family court’s order.
“The absence of the daughter from the country can be compensated by allowing overnight access to the father. It is the quality, not the quantity, of time spent with the child that develops a strong parental bond,” the court stated.
The court modified the consent terms, permitting the father to have overnight acc
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