The court affirmed that while the welfare of the child is paramount, a mother’s right to personal development and education is also essential, especially where no demonstrated harm to the child exists.

JUDGMENT :

SAURABH BANERJEE, J.

CM APPL. 62853/2025 (for exemption) and CM APPL.67411/2025 (for exemption)

1. Exemption allowed, subject to all just exceptions.

2. The applications are disposed of.

CM APPL. 62852/2025 (By petitioner for additional documents) and CM APPL.67410/2025 (By petitioner for additional documents

3. By virtue of the present applications under Section 151 of the Code of Civil Procedure, 1908, [Hereinafter “CPC], the petitioner/mother seeks to place on record certain additional documents in compliance of the orders dated 08.09.2025 and 08.10.2025.

4. For the reasons stated therein, the present applications are allowed and the additional documents filed therewith are taken on record.

5. Accordingly, the present applications are disposed of.

CM APPL. 53497/2025

6. By virtue of the present application under Section 151 of the CPC, the mother seeks permission to travel to the United States of America, [Hereinafter “USA] along with her minor son for completion of her post-graduate program at Marymount University, Arlington, Virginia, United States.

7. Succinctly put, as seen from hereunder, this case has a chequered history of litigation(s) inter se the mother and the respondent/father, who, after getting married on 14.02.2014 were blessed with a male child ‘Master K’, Hereinafter “minor child on 03.04.2017. Due to matrimonial discord between them, the mother left the matrimonial home on 05.05.2019 along with the minor child. Since then, multiple cases have been filled by them against each other before different forums.GP NO. 29/2019 entitled “ Vishal Verma vs. Twinkle Vinayak ” being one of them, wherein the learned Judge Family Court-02, West District, Tis Hazari Courts, Delhi, Hereinafter “learned Family Court has passed the order dated 13.01.2023, Hereinafter “impugned order granting the husband visitation rights of the minor child from February 2023. It is that order which is impugned in the captioned petition.

8. The aforesaid order was first stayed by this Court on 01.02.2023, and then vide order dated 28.03.2023 granted the father unsupervised visitation on every first, third and fourth Sunday of the month. Additionally, the father was also granted permission to celebrate the birthday of the minor child on 02.04.2023. Despite the said orders and subsequent attempts to mediate, since the implementation of unsupervised visitation was unsuccessful, it led to filing of a contempt case being CONT. CAS(C) 207/2024 entitled ‘ Vishal Verma vs. Twinkle Vinayak ’ before this Court.

9. Pursuant thereto, when the said contempt petition and the captioned petition were listed on 04.07.2024, this Court allowed the father to meet the minor child on three dates being 13.07.2024, 20.07.2024 and 25.07.2024 at 03:00 PM in the Delhi High Court Mediation and Conciliation Centre, Hereinafter “DHCMCC and a report from the DHCMCC was also called for. Thereafter, the mother left the country on 26/ 27.07.2024 along with the minor child and went to USA as she secured admission in the post-graduate program “Public Health Education and Promotion (M.S.)” at Marymount University, Arlington, Virginia, United States, without seeking any prior permission from any Court.

10. This resulted in the father filing a Habeas Corpus petition being W.P.(Crl.) 2808/2024 entitle