LI Network
Published on: 13 August 2023 at 11:55 IST
The Delhi High Court has extended its support to Parvin Juneja, the petitioner, permitting him to travel abroad for the purpose of his son’s admission process.
The decision, handed down by Justice Swarana Kanta Sharma, underscores the profound significance of a parent’s presence during pivotal junctures in a child’s life.
This legal proceeding, initiated under Section 482 of the Code of Criminal Procedure, 1973, revolved around Juneja’s plea to overturn and amend an order issued on July 20, 2023, by a learned Special Judge.
The contested order had imposed restrictions on Juneja’s ability to travel.
Justice Sharma’s judgment contemplates the delicate balance between personal liberty and the conditions imposed by a court to ensure an individual’s participation in proceedings and trial. She remarked, “The personal liberty of a person has to be balanced with that of any condition imposed on him by a Court of law for the purpose of securing his attendance and attending the proceedings lest he is not available to face trial.”
Juneja’s legal representatives emphasized his unblemished track record of complying with previous travel permissions granted by the court, demonstrating his adherence to the stipulated conditions and of paramount importance was the impending commencement of his son’s higher education journey at the Schulich School of Business, York University, Canada.
In a poignant reflection on the emotional resonance of such moments, Justice Sharma articulated, “The admission of a child, whether in school or in a college/University, is a moment the parent and the child cherish forever. It is a feeling of togetherness as well as support by the mere presence with each other.”
Acknowledging Juneja’s past adherence to court orders and timely return to India, Justice Sharma emphasized that denying him the chance to be present during his son’s admission process would overlook the enduring reality that “a child is a child forever for a parent.”
Consequently, the High Court granted Juneja the permission to travel to Canada for a specified duration to facilitate his son’s admission endeavor.
The court attached certain conditions to this authorization, including furnishing a detailed itinerary, depositing a stipulated sum with the court, and maintaining consistent communication throughout his journey.
