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Traveling abroad with father: Court sets Lakshman Rekha Bombay High Court has recently issued clear guidelines in a sensitive family matter. The case pertains to a couple going through divorce proceedings, where the father was allowed to travel abroad with his two minor daughters. The mother had not only challenged this order, but had also expressed her desire to participate in the yatra. The bench of Justice Neela Gokhale allowed the mother to accompany her in the journey, but put a very big condition. The court has clearly said that the mother cannot stay in the same hotel and she is strictly prohibited from interfering in any way during the holidays of the father and daughters.
Children’s happiness comes first: Judge’s unique initiative The thinking of the court behind this decision is to protect the mental health of children and the enjoyment of their holidays. The High Court personally spoke to both the girls, after which it was found that they were very excited about the journey with their father. The Court remarked that if the mother is on the same flight and staying in the same hotel, it may hamper the enjoyment of the special moments and holidays between the father and daughter. The court also made it clear in its order that no direction can be given to the father to bear the mother’s travel expenses, because the children are completely comfortable traveling with the father.
If there is a violation, the rights to meet may be taken away. The court has adopted the policy of ‘zero tolerance’ in this matter. Justice Neela Gokhale has warned the mother that if the daughters complain that the mother has interfered in their visit with the father, the court can take away their visitation rights forever. However, in view of the mother’s natural concern for the safety of her daughters, they have been allowed to travel at their own expense. Also, the instruction to have fathers make video calls with daughters’ mothers in the morning and evening has been retained. This decision is a big message to give priority to children’s happiness and their personal space in court custody matters.
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