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ANIL K. NARENDRAN, P. G. AJITHKUMAR
Anjana Chandran D/o Chandran – Appellant
Versus
Haneesh S/o Haridas – Respondent
JUDGMENT :
P.G. AJITHKUMAR, J.
1. The petitioner is the mother of Dev Haneesh Nanbeerakath, born on 03.07.2015. The petitioner filed O.P. No. 485 of 2023 seeking a decree of divorce, under Section 13(1)(ia) of the Hindu Marriage Act, 1955. She filed I.A. No. 5 of 2023 in that original petition seeking to issue to her a Sole Legal Responsibility Certificate relating to the child. The Family Court dismissed that application as per order dated 17.02.2023, Ext.P9. The petitioner challenges the said order in this Original Petition filed under Article 227 of the Constitution of India.
2. On 13.03.2023, notice was directed to be served on the respondent. On receipt notice, the respondent entered appearance.
3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
4. O.P. No. 485 of 2023 was filed by the petitioner while she was in India. She subsequently went to the United Kingdom on a student Visa. It is stated that she is studying in the United Kingdom. She claims that she would be able to maintain to child and impart to him standard education in the United Kingdom. She accordingly through her power of attorney filed I.A. No. 5 of 2022 s
In cases involving child custody and international relocation, courts must consider both parental rights and the best interest of the child.
The welfare of the child is paramount, and arrangements must be made to ensure both parents can interact, even when one parent relocates abroad.
The welfare of the children is paramount in deciding applications for relocation abroad, and detailed applications with full disclosure are necessary.
The court affirmed the petitioner’s sole legal parental responsibility for the child during the transition period, ensuring cooperative parenting arrangements with visitation rights for the father.
The court emphasized that a parent's dependent visa status does not diminish caregiving capacity, and the child's expressed preference in custody matters is paramount.
Child's welfare paramount in custody disputes; mother's custody presumed lawful; foreign return orders unenforceable where mother cannot relocate, risking child-mother separation; practicalities and ....
High Court declares sole custody based on Family Court divorce decree for visa purposes.
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