A three-judge bench of Justice DY Chandrachud, Indu Malhotra and Indira Banerjee has allowed the mother of a child aged 7 to take him along with her to Singapore. The court reversed the Karnataka High Court order which restrained the mother from moving the child out of the jurisdiction of Bengaluru by invoking article 142 to ensure justice is served in the best interests of the child. (Mrs Ritika Sharan v. Mr. Sujoy Ghosh)
The Couple have been married since 2009 and the child was born in 2013. In 2016, the appellant wife, after incidents of domestic violence,had instituted divorce proceedings in a Family Court on the grounds of cruelty under section 13(i) of the HMA, 1995. They have been living separately since then while the divorce and guardianship proceedings are still pending.
The child was living with his maternal grandparents who had moved from Noida to Bengaluru to assist their daughter in taking care of the child since the father was also residing in Bengaluru. She had agreed to visitation rights of the father. However, her employment required her to move to Singapore on a temporary basis and thus she sought custody of the child’s passport.
The child present in the virtual proceedings declared his desire to reside with the mother. The court allowed the same on the condition that the child comes back for summer vacation and the jurisdiction of the Family Court shall not be interfered with.