Libertatem Magazine

Mother Can Send the Child Abroad Only With the Prior Permission of the Court, if the Couple Is Separated: Telangana High Court   

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The appellant had approached the Family court, seeking to restrain the respondent (hereinafter referred to as mother) from shifting their minor son to any other country, till he completes intermediate and if there is any reason for the child to travel to any other country for his education or extra-curricular activities, the respondent is obliged to take prior permission from the court. The learned family court gave way to his prayer as it had an emotional sentiment behind it, but disposed off another three applications filed by him. Owing to this, he felt appropriate to knock on the doors of Hon’ble High Court.  

Arguments made by the learned counsel of appellants

Mr. Rajashekhar Thallapally, learned counsel for the appellants, submitted before the Hon’ble Bench that, the father has an apprehension that the mother might shift the child out of Hyderabad to any other place or even take him out of the country for his educational purposes. If that happens, the father would not be able to have access to his legitimate child anymore, due to which he might suffer mental agony and pain, which cannot, under any circumstances, be assuaged.

Arguments made by the learned counsel of respondents

Mr. V. Venkata Kumar, learned counsel for the respondents, submitted that her client, who is the mother of the child, does not intend to flee away with her child to any other country as she had enrolled him in a school in Hyderabad. He also made the court believe the fact that even if she wants to take her kid along with her to any place other than Hyderabad, she will surely take the permission of the Learned Family Court. He defended the matter so easily, that it appeared as if it was a game to him. 

Court’s Observation

The court reverberated the arguments put forth by the learned counsel of the respondents. The court found the matter to be trivial, as the same notions had been put before the Learned Family Court also. It went on to say that the case revolved more around emotions than legal sanctity. It did not pay heed to the arguments made by the learned counsel of the appellants as they lacked substance and were not pithy enough to be taken into account.   

Court’s Judgement

The court disposed of the application, stating that it shall be incumbent upon the mother to file an affidavit, mentioning the same what has been told to the court by her counsel on her behalf, and submit it to the court. It also instructed to give a copy to the learned counsel of the appellant. 

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