The Delhi High Court recently decided not to interfere with a family court’s order allowing a mother to take her child to Malaysia for nine days. The case was presented before Justice Dinesh Kumar Sharma, who reviewed a plea from the father challenging the family court’s decision made on June 8, 2022.
The family court had granted the mother permission to travel with the child and instructed her to return the child to Delhi by July 3, 2022. Both parents were required to follow the custody and visitation schedule set by the court.
The father argued that the family court had made the decision without considering all relevant facts and claimed that the mother is a flight risk. He also pointed out that the mother had previously taken the child and failed to return her.
In response, the Delhi High Court emphasized that in custody matters, the welfare of the child is the primary concern. The court noted that the family court had carefully reviewed the situation before granting permission for the trip to Malaysia and had also allowed a similar trip to Dubai earlier.
The High Court found no evidence of unfairness or improper consideration in the family court’s decision. Intervening at this stage, the court noted, could cause “mental trauma” to the child.
Case Title: Pankaj Jain vs. Parul Jain
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