Delhi High Court Upholds Mother’s 9-Day Custody for Child’s Malaysia Trip
Justice Dinesh Kumar Sharma of the Delhi High Court recently upheld a Family Court order granting a mother nine days’ custody of her child for a trip to Malaysia. The case was brought to the High Court by the child’s father, who challenged the Family Court’s decision dated June 8, 2022.
The Family Court had permitted the mother to take the child to Malaysia, provided the child returned to Delhi by July 3, 2022. Both parents were also directed to follow the custody and visitation schedules previously established by the court.
The father argued that the Family Court failed to consider all relevant facts, including his claim that the mother posed a flight risk. He cited instances where the mother allegedly took the child and failed to return on time.
The Delhi High Court, however, emphasized that in matters of child custody, the welfare of the child is paramount. Justice Sharma noted that the Family Court had carefully reviewed the submissions from both parties before granting permission for the Malaysia trip. The court highlighted that it had previously allowed the mother to take the child to Dubai, further establishing trust in her ability to adhere to the custody terms.
Finding no evidence of misconduct, bad faith, or procedural errors in the Family Court’s decision, the High Court declined to interfere. Justice Sharma stated that disrupting the planned travel at short notice could cause unnecessary “mental trauma” to the child.
The case underscores the importance of prioritizing a child’s welfare in custody disputes and the need for both parents to adhere to court-ordered visitation and custody schedules.
Case Title: Pankaj Jain vs. Parul Jain
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