‘Mom free to take minor child abroad’: Delhi High Court

The high court said any interference by it at this stage and such short notice would only cause mental trauma to the child.

Published: 30th June 2022 08:49 AM  |   Last Updated: 30th June 2022 08:49 AM   |  A+A-

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Image used for representational purpose only. (Photo | PTI)

By Express News Service

NEW DELHI: The Delhi High Court has refused to interfere with a family court’s order allowing a woman, embroiled in a legal battle with her estranged husband, to take her minor daughter abroad for a few days, observing that paramount consideration has to be given to the welfare of children.

The high court said any interference by it at this stage and such short notice would only cause mental trauma to the child. “This court is of the firm view that in the matter relating to custody of the children, the court has to give paramount consideration to the welfare of children,” Justice D K Sharma said in the order passed on June 22.

The high court was hearing a plea by the man challenging a June 8 order of a family court here which had permitted the woman to take the child to Malaysia for nine days from June 25 to July 3. The man contended that the family court passed the order mechanically without taking into account the fact that the mother is a flight risk and it had not even asked her to file an undertaking that she will bring back the daughter to the custody of the court.

Justice Sharma, however, said, “I consider that any interference by this court at this stage and at such a short notice would only cause mental trauma to the child. Thus, this court does not feel any necessity to interfere with the orders of the judge of the family court.”



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