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 child to the custody of the court.
He further submitted that in the past, it has happened and also noted by the high court in various cases that children have not been brought back.
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, Family Court. It may also be noted that this court does not find any perversity, malafide, or non-application of mind in the order passed by the Principal Judge, Family Court."
The high court issued notice to the woman on the petition and listed it for further hearing on July 15. It said that the family court, after taking into account all the submissions of the parties, has passed a detailed order allowing the child to be taken by the mother to Malaysia for nine days and noted that earlier also the minor was allowed to be taken to Dubai by the mother.
The man, in his plea, sought that the woman be directed to file a detailed itinerary of the place where she will be staying abroad with the child as well as contact details of the person with whom she would be staying on the email of the court.
He also sought to direct the woman that she shall bring back the child to Delhi positively on July 3 as her school will be re-opening after summer vacation on July 4.
-With PTI Input
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