The Delhi High Court recently upheld a family court’s decision to allow a mother to take her child on a nine-day trip to Malaysia, emphasizing the child’s welfare as the paramount concern. Justice Dinesh Kumar Sharma presided over the case, which involved a plea by the father challenging the family court’s order dated June 8, 2022.
The family court had granted the mother permission to take the child to Malaysia, with the condition that the child must be returned to Delhi by July 3, 2022. Both parents were instructed to adhere strictly to the custody and visitation schedule as per court orders.
The father approached the High Court, arguing that the family court’s decision did not consider all facts and circumstances, particularly the risk that the mother might not return with the child. He claimed that there had been previous instances where the mother had taken the child and not brought her back.
In response, the court reiterated that in custody matters, the welfare of the child is of utmost importance. The family court had considered all submissions before allowing the mother to take the child to Malaysia. The High Court noted that it had previously permitted the child to travel to Dubai with the mother.
Finding no evidence of wrongdoing or lack of consideration in the family court’s order, the single judge bench concluded that interfering with the decision at this late stage would cause “mental trauma” to the child.
The case, titled Pankaj Jain vs. Parul Jain, underscores the importance of prioritizing the child’s welfare in custody disputes, especially concerning international travel.
The Delhi High Court’s decision reaffirms that the child’s well-being remains the central focus in custody arrangements, even when international travel is involved. The ruling highlights the careful consideration given to both parents’ concerns while ensuring the child’s best interests are protected.
