Custody of child to lie with the mother on his express desire during pendency of divorce proceedings
During pendency of divorce proceedings, if child expresses desire to reside with his mother, then his mother is permitted to take child with her, where she is employed and resides.
Mother of child was compelled to leave the matrimonial home due to domestic violence and abuse. She instituted a petition, seeking a decree for divorce on the ground of cruelty that are pending before the Family Court. Meanwhile mother has been posted in Singapore and hence sought for handover passport of the child from husband. She claims that she sought the child's passport on the ground that prior to her relocation, she was required to travel for short durations outside India, and found it convenient to take the child with her.
During the course of the interaction on the video-conferencing platform, child indicated his desire to reside with his mother. Child is attached to the mother. Since mother is gainfully employed in Singapore and her desire that she should be allowed to take the child with her is not an artifice. Mother of the child, has been continuously with the child since his birth, despite the demands of her employment. In matters such as the present, the welfare of the minor child is of paramount concern. The technicality of whether or not the mother has challenged the Family Court's order cannot obfuscate the core issue which is the welfare of the child. Allowing this case to be lost in a maze of technicalities involving a formal challenge to the order, will eventually lead to the child staying in Bengaluru with the maternal grandparents, while the mother is employed in Singapore.
A balance has to be drawn so as to ensure that in a situation where the parents are in a conflict, the child has a sense of security. The interests of the child are best subserved by ensuring that both the parents have a presence in his upbringing. The interests of the child require that the appellant be allowed to take the child with her to Singapore, where the his mother resides. Hence mother is permitted to take the child, with her to Singapore where she is employed and resides.
