Delhi High Court refuses to interfere in the judgement given by family court,says it can cause menta


Panasam Akshara | Delhi HC

Case:Pankaj Jain v. Parul Jain

Justice Dinesh Kumar Sharma was dealing with a case dated June 8,2022 passed by family court,where the court has granted permission to take child on a vacation of 9days to the mother ,the court also added that the child shall be brought back by July 3 to attend the school which is after the summer vacation.In earlier judicial order court strictly adhered the custody and visitation schedule to mother and father both. Now,father approaches High Court saying that the family court has not taken all the facts into consideration and passed the order,he further says they have also ignored the fact that the mother can also escape the country before the trial.The father claims that it has happened earlier that the child was not returned which is also observed by several high courts in different cases. After looking into all the facts of the case court observes that the family court has taken into consideration all the relevant facts and passed the order allowing the child to be taken to Malaysia for a period of 9days,it says the court has allowed the mother earlier also to take her child to Dubai. The court further says that interference at this stage may cause mental disturbance to the child and also it couldn't find any malafide or non-application of mind in the order given by family court and as a result court issues notice to the respondent mother while listing matter to roster bench on July 15.

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