Mumbai: The Bombay High Court has ruled that a woman should not be made to choose between her career and raising her child. This ruling came while allowing a mother to take her daughter with her to Poland after she secured a job there.
Justice Bharati Dangre set aside an earlier decision by a Pune family court that had stopped the woman from travelling abroad with her daughter. The High Court said the lower court failed to consider the woman’s right to grow professionally.
The woman had filed a petition under the Guardian and Wards Act to be declared the sole guardian of her daughter. She also requested the court’s permission to relocate to Poland with the child due to her new job offer.
She further asked the court to direct her husband to give a No Objection Certificate (NOC) so that she could complete her daughter’s visa process. However, the family court rejected her plea, stopping her from leaving the country during the ongoing custody case.
She challenged this decision in the High Court.
Justice Dangre noted that while the father has a right to spend time with his daughter, the quality of time matters more than the quantity. Since the child would be out of the country, the court ruled that the father should be allowed overnight visitation rights during the child’s three yearly vacations.
With this arrangement, the mother was permitted to move to Poland along with her daughter.
Case Title: Anuradha Sharma vs Anuj Sharma
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