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Supreme Court states Court cannot order parent(s) to go abroad with their child, violates Right to Privacy

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Shivani Gadhavi

Published On: January 14, 2022 at 16:11 IST

The Supreme Court was hearing the Petition of a mother who had approached the Court after the Punjab and Haryana High Court issued directions ordering her to go to the United States of America with her child.

The Supreme Court Bench of Justices Ajay Rastogi and Abhay S Oka stated, “A Writ Court while dealing with the issue of Habeas Corpus cannot direct a parent to leave India and to go abroad with the child. If such orders are passed against the wishes of a parent, it will offend his/her right to privacy.”

The case titled Vasudha Sethi V Kiran V Bhaskar, is pertaining to directions passed by the Punjab and Haryana High Court under a Habeas Corpus petition filed by the husband of the petitioner, who sought custody of their child. The High Court had directed the Petitioner (mother of the child) to go to the US with her child before September 30, 2021. The Petitioner in the current case approached the Apex Court in this regard.

The Bench stated, “A parent has to be given an option to go abroad with the child. It ultimately depends on the parent concerned to decide and opt for giving a company to the minor child for the sake of the welfare of the child. It will all depend on the priorities of the concerned parent.”

The Supreme Court Bench further made changes in the directions issued by the Punjab and Haryana High Court under the Habeas Corpus plea of the husband of the Petitioner in the current case and disposed of the matter.