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Bombay High Court: Women Shouldn’t Have to Choose Between Career and Child

The Bombay High Court has ruled that women should not be forced to choose between their career and their child. This landmark observation was made while allowing a woman to relocate to Poland with her daughter for a job opportunity.

Background of the Case

The mother had approached the family court in Pune under the Guardian and Wards Act, seeking to be declared the sole guardian of her daughter. She also filed an application for permission to move to Poland with her daughter after receiving a job offer there.

In addition, she requested the court to direct her husband to provide a non-objection certificate (NOC) to complete her daughter’s visa formalities. However, the family court rejected her application, restricting her from traveling outside India during the guardianship case.

This decision was challenged in the High Court by the mother.

High Court’s Ruling

Justice Bharati Dangre set aside the family court’s order, emphasizing that the woman’s right to professional growth had not been properly considered.

“A woman should not be made to choose between her career and her child,” Justice Dangre observed. The court acknowledged the mother’s need to relocate for professional development while ensuring that the father’s parental rights were not overlooked.

Rights of the Father

To maintain the father’s relationship with his daughter, the court modified the consent terms, allowing him overnight access to the child during three vacations each calendar year.

“It’s not the quantity of time spent but the quality of time that matters in building a strong parental bond,” the court stated.

Conclusion

This judgment highlights the importance of balancing professional aspirations and parental responsibilities. It ensures that both parents have fair opportunities to bond with their child while respecting the individual’s right to career growth.

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