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Delhi HC: ‘Mother is Free to Take her Minor Child Abroad’

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Delhi High Court Law Insider

Debangana Ray

Published on June 30, 2022 at 19:44 IST

The Delhi High Court has refused to interfere with a family court’s order which allowed a woman to take her minor daughter abroad for a few days, observing that utmost consideration should be given to the welfare of children. The High Court said that any interference would cause mental trauma to the child.

Justice DK Sharma stated that “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.”

The 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.

Justice Sharma stated that “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.