The welfare of the children is paramount in deciding applications for relocation abroad, and detailed applications with full disclosure are necessary.

JUDGMENT

Navin Chawla, J. (Oral)--This petition has been filed challenging the order dated 01.02.2023, passed by the learned Family Court, Patiala House Courts, New Delhi, in G.P. No.22/2021, whereby the application of the petitioner inter alia seeking permission to obtain Passport and Visa of the minor children to take them abroad and for a direction to the Passport Seva Programme, Ministry of External Affairs, to issue their passports to be granted in favour of the petitioner herein, was rejected by the learned Family Court.

2. This Court by its order dated 17.03.2023, without prejudice to the rights and contentions of the respondent, passed the following directions:

"2. In the meanwhile taking into account that the petitioner has approached this Court seeking permission for her to relocate abroad with the minor children who are presently in her custody, the petitioner is granted permission to apply for passports of the two minor children as their sole custodian without the signatures of the respondent. The passport authorities will therefore process the applications for issuance of passports to the minor children namely Ms. Deyasini Wriddhi and Mst. Sushrik Sankar Bhunia without insisting for signatures of the respondent/father.

3. It is, however, made clear that this interim direction would not be treated as the petitioner having being declared as the sole custodian of the minor children for any other purpose. The petitioner would, however, not take the children outside the country without the leave of this Court or of any other competent Court as the case may be."

3. By a subsequent order dated 09.05.2023, this Court allowed the petitioner to even obtain the requisite Visas for the children to relocate abroad. The relevant extract from the order are as under:

"5. However, taking into account the petitioner's grievance that, even if, she succeeds before this Court, it would become extremely difficult for her to obtain the requisite Visas to relocate abroad with the minor children, the petitioner is permitted to apply for the necessary Visas for herself as also for the minor children by approaching the High Commission/Embassy. The said applications of the petitioner and the minor children for Visas will be processed without insisting on the consent or signatures of the respondent/father. However, the respondent will ensure that the original birth certificate and the vaccination certificate of the son of the parties, if available with him, are handed over to the petitioner without any further delay so as toenable her to submit the Visa applications in time.

6. It is, however, made clear that the grant of these Visas to the petitioner and the minor children will neither create any special equities in their favour nor will they be entitled to relocate abroad without the specific permission of this Court."

4. The order dated 09.05.2023 of this Court was challenged by the respondent before the Supreme Court by way of a Special Leave Petition, and the Supreme Court by way of its order dated 12.06.2023, passed in the Civil Appeal No. 4041/2023, directed as under:

"4. This Court is of the view that the permission to apply for grant of visas cannot be faulted with. However, the condition that only relocation abroad would be with the specific permission of the Court is not an appropriate condition. Appropriately it should be that the children would not be travelling abroad without prior permission of the Court and that too after hearing the appellant/father.

5. Accordingly, we dispose of this appeal with the above observations that grant of visas would not entitle the respondent/mother to travel with the minor children abroad but the same would be permitted only after taking leave of the Delhi High Court after hearing the appellant/father. However, the respondent/mother would be free to travel alone if she desires to which the appellant/father apparently has no objection.

6. The impugned order will stand modified to the above extent."

5.