In this particular case, Justice Dinesh Kumar Sharma of the Delhi High Court was dealing with a plea filed by the father, challenging the family court’s order dated June 8, 2022, wherein the court allowed the respondent-mother to take the child for nine-days to Malaysia was filed before the High Court.

The Family court had also directed the mother to bring back the child to Delhi positively by July 3, 2022, and both the parties were directed to strictly adhere to the custody and visitation schedule as per the orders.

The father had approached the High Court contending that the Family Court had passed the order without taking the entire facts and circumstances into consideration. The father also said that the court didn’t take into account the fact that the mother is a flight risk.

He further said that in the past it has happened many a times, that the mother has taken the child and did not bring her back.

To this, the Court replied that in the matter relating to custody of the children, it has to give paramount consideration to the welfare of the children.

The court further added, that only after considering all submissions of the parties, the Family Court allowed the child to be taken to Malaysia for nine days and that the High Court had previously also allowed the child to be taken to Dubai with the mother.

Finding no perversity, malafide, or non-application of mind in the order passed by the Family Court, the single judge bench held that any interference at this stage, at such short notice would cause “mental trauma” to the child.

Case Title: Pankaj Jain vs. Parul Jain