Delhi High Court Upholds Mother’s 9-Day Custody for Child’s Travel Abroad
In a recent case, Justice Dinesh Kumar Sharma of the Delhi High Court addressed a plea from a father challenging a family court’s order. The order, dated June 8, 2022, allowed the mother to take their child to Malaysia for nine days.
The family court also mandated that the mother return the child to Delhi by July 3, 2022, and instructed both parents to strictly follow the custody and visitation schedule.
The father approached the High Court, arguing that the family court made the decision without considering all facts and circumstances. He expressed concern that the mother might not return with the child, labeling her a flight risk. He claimed that she had previously taken the child and failed to bring her back multiple times.
In response, the Delhi High Court emphasized that the welfare of the child is of utmost importance in custody matters. The court noted that the family court had thoroughly considered submissions from both parties before allowing the child to travel to Malaysia. It also highlighted that the High Court had previously permitted the mother to take the child to Dubai.
Finding no evidence of misconduct or poor judgment in the family court’s decision, the single judge bench concluded that any interference at this stage would cause “mental trauma” to the child.
Case Title: Pankaj Jain vs. Parul Jain
This ruling underscores the court’s priority on the child’s welfare and its careful consideration of all aspects before making custody decisions.
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