Delhi High Court Upholds Mother’s Right to Take Child Abroad for Nine Days
In a recent case, the Delhi High Court refused to interfere with a family court’s decision that allowed a mother to take her child to Malaysia for nine days. The case was heard by Justice Dinesh Kumar Sharma.
The father, Pankaj Jain, had challenged the June 8, 2022 order passed by the family court, which permitted the child’s travel with the mother, Parul Jain. The family court had clearly directed the mother to return the child to Delhi by July 3, 2022, and instructed both parents to follow the custody and visitation schedule strictly.
The father argued that the family court made the decision without considering the full facts. He also claimed the mother posed a flight risk, pointing out past incidents where she allegedly didn’t return the child on time.
However, the High Court emphasized that in custody matters, the welfare of the child is the most important concern. The judge noted that the family court had taken into account both parties’ arguments before allowing the travel. The High Court also mentioned that it had previously allowed the mother to take the child to Dubai in an earlier case.
Finding no wrongdoing or lack of judgment in the family court’s order, the High Court ruled that any interference at this point—especially on such short notice—could lead to emotional distress for the child.
Thus, the court upheld the order and dismissed the father’s plea.
Case Title: Pankaj Jain vs. Parul Jain
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