Court dismisses mother's apprehensions about father's intentions, sets conditions for children's safety during London visit.
In a recent decision, the Delhi High Court has overturned a Family Court ruling, granting interim custody of two minor children to their father, Amritesh Jatia, during their summer vacation in London. The custody is permitted from June 28, 2026, to July 5, 2026, subject to specific conditions ensuring the children's safety and return.
The judgment, delivered by Justices Tejas Karia and Madhu Jain, came after the Family Court had dismissed Jatia's application under Section 26 of the Hindu Marriage Act, 1955. The father had appealed against the Family Court's decision, which favored the mother's unilateral travel plans with the children without consulting him.
Counsel for the appellant, Ms. Geeta Luthra, argued that the father's intentions were misconstrued and that he had initially informed the mother of his plans to take the children to London. Despite modifying his itinerary to accommodate the mother's schedule, his request was dismissed by the Family Court, which restricted his right to spend time with his children abroad.
The mother's counsel, Ms. Manali Singhal, expressed concerns that the father might abscond with the children, citing his financial activities and lack of assets in India. However, the High Court found these apprehensions speculative and unsupported by evidence.
The court noted that the children had previously lived in London and were familiar with the environment. It emphasized that financial aspects regarding the father's ability to bear travel expenses were irrelevant to the custody decision. The Court imposed conditions, including that the children's passports remain with the mother and that the father bear the travel costs for the children's return to India.
The court directed a clear handover and return procedure for the custody exchange, ensuring the children's safety while allowing the father to spend quality time with them during the specified period in London. The ruling underscores the court's commitment to balancing parental rights with children's welfare.
Bottom line:-
Family Law - Interim custody of children - Father granted custody of children in London during a specified period of summer vacation, subject to conditions ensuring the return of children and safeguarding their passports.
Statutory provision(s):
- Hindu Marriage Act, 1955, Section 26
- Family Courts Act, 1984, Section 19
Amritesh Jatia v. Vidhi Jatia, (Delhi)(DB) : Law Finder Doc id # 2928231
