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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Esam Ahmad Bilgrami – Appellant
Versus
Aaliyah Saeed Dang – Respondent
Headnote: Read headnote
JUDGMENT :
ANIL KSHETARPAL, J.
1. The present Appeal under Section 19 of the Family Courts Act, 1984 assails the correctness of Order dated 17.08.2023 [hereinafter referred to as “Impugned Order”] passed by the learned Family Court [hereinafter referred to as the “Family Court”] whereby the Family Court allowed an interim application under Section 12 of the Guardians and Wards Act, 1890 [hereinafter referred to as “the Act”], filed by the Respondent-mother, granting her permission to relocate the minor child, Master Emad Ahmad Bilgrami, to Abu Dhabi, United Arab Emirates (UAE) with her, subject to certain undertakings and safeguards.
FACTUAL MATRIX
2. The brief facts leading to the present Appeal, as pleaded, are that the marriage between the parties was solemnized on 30.06.2009 in Hyderabad, Telangana as per Muslim rites and ceremonies. Out of the said wedlock, a male child was born on 25.06.2013. Owing to the m
The paramount consideration in custody disputes is the welfare of the child, allowing interim relocation based on the custodial parent's employment opportunities while ensuring access for the non-cus....
The paramount consideration in custody matters is the welfare of the child. The preference of the child to be with one of the parents should be the primary factor, as long as there is no disability p....
Welfare of the child is paramount in custody disputes; natural guardianship does not guarantee custody without proven benefits for the child's well-being.
The paramount consideration in child custody cases is the welfare of the child, taking into account the child's ordinary comfort, health, education, and favorable surroundings, as well as the human t....
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