MUMBAI: Bombay HC refused to further delay travel of a woman and her son, 9, to visit her parents in Singapore after her former husband sought to prevent it. The trip was originally scheduled between Dec 22 and Jan 4.
“I am not inclined to interfere with permission granted by
family court
(FC), which has entitled the respondent-mother and the minor son to travel to Singapore within the parameters set out by the court,” said Justice Somasekhar Sundaresan on Thursday.
In Sept 2022, SC had dissolved the couple’s marriage and endorsed consent terms. Neither would take their son out of India without four weeks’ prior intimation to the other. In contempt proceedings filed by both, SC on Jan 19 said consent terms could be modified by an appropriate legal forum.
So, after FC’s order, the father moved HC vacation bench, saying the mother is a flight risk as she and the son are Singapore citizens.
Senior advocate Abad Ponda said his interest would be jeopardised if his son does not return. Justice Sundaresan said on the contrary consent terms bind the parties, and “it is incumbent on the father to ensure there is no impediment to such travel… envisaged in consent terms”.
The mother’s advocate, Mrunalini Deshmukh, said it was known she and the son are Singapore citizens during signing of consent terms. She referred to the mother’s undertaking to FC to return as scheduled on Jan 4.
Justice Sundaresan said the father’s flight risk apprehension is allayed by the mother’s undertakings to FC, and reiterated in person to HC.
The father raised an issue with the mother’s renewal of leave-and-licence agreement.
The judge said it “does not turn the needle in favour of preventing departure of the respondent and the minor son on the proposed vacation trip. I see no basis to hold up any further, the proposed travel.
He further noted that having delayed the original departure, the mother was willing to incur additional expense to book fresh tickets to be able to travel forthwith.
Justice Sundaresan declined Ponda’s request to interview the child, saying the consent terms “are loud and clear in relation to such travel”.
