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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
| Table of Content |
|---|
| 1. factual background of parental dispute and custody. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments of the appellant against relocation. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. arguments of the respondent supporting relocation. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. court's observations on welfare and custody. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 5. final decision to uphold relocation order. (Para 38 , 39) |
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 b
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....
(1) Guardianship Petition – Family Court is obliged to enquire into matter as per procedure prescribed by law – It does not have plenary powers to do away with mandatory procedural requirements in pa....
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