“Paramount consideration welfare of Children”: Delhi High Court upholds order allowing mother to take her child to Malaysia for 9 days

While dealing with a child custody matter Justice Dinesh Kumar Sharma of the Delhi High Court has observed that paramount consideration is to be given to the welfare of children.

A plea challenging the family court's order dated June 8, 2022, wherein the court allowed the respondent-mother to take the child for nine-days to Malaysia was filed before the High Court.

Family court also directed the mother to bring back the child to Delhi positively by July 3, 2022, and both the parties were directed to strictly adhere to the custody and visitation schedule as per the orders.

The father had approached the High Court contending that the Family Court had not taken the entire facts and circumstances into consideration and had passed the order mechanically without taking into account the fact that the mother is a flight risk.

He further contended that in the past, the mother on various occasions has taken the child and did not bring her back.

To this, the Court replied saying that in the matter relating to custody of the children, it has to give paramount consideration to the welfare of the children.

Court further added, that only after considering all submissions of the parties, the Family Court allowed the child to be taken to Malaysia for nine days and that the High Court had previously also allowed the child to be taken to Dubai with the mother.

Finding no perversity, malafide, or non-application of mind in the order passed by the Family Court, the single judge bench held that any interference at this stage, at such short notice would cause “mental trauma” to the child.

Case Title: Pankaj Jain vs. Parul Jain