Granting Permission To Indian Parent To Take Child Abroad Does Not Foreclose Right Of Other Spouse To Get Custody- Kerala HC Clarifies

A Kerala High Court Bench of Justice Anil K Narendran and Justice PG Ajithkumar has observed that "the order granting permission to an Indian citizen to take his/her child abroad will not foreclose the right of the other spouse to get custody".

Counsel A Parvathi Menon, among others, appeared for the petitioner. Counsel Sandeep MB, among others, appeared for the Respondent.

In this case, the petitioner had filed for divorce and subsequently sought the permission of the court to take the child abroad. The issuance of a Sole Legal Responsibility Certificate was sought.

The Family Court refused the petitioner's plea on the ground that if she takes the child abroad, the father of the child will not be able to interact with the child.

Notably, the father of the child was also residing abroad. In light of the same, the petitioner contended that since the father of the child was also abroad, disallowing the petitioner to take the child abroad would render the custody of the child with the grandparents, which would not be good for his upbringing.

In light of the same, the Court observed that, "If the petitioner takes the child abroad as permitted by a court, there would not be any difficulty for enforcing the directions regarding custody of the child. The Family Court and this Court would be able to enforce such orders as long as the petitioner continues to be an Indian citizen."

In furtherance, the Court held that, "Since the father is also abroad, there is no possibility of looking after the affairs of the child by the father. In such circumstances, the request of the petitioner to issue a Sole Legal Responsibility Certificate facilitating her to get a Visa to take the child along with her to the United Kingdom, where she is pursuing her studies would be in the best interest of the child."

Subsequently, the Court ordered that "If permission to take the child abroad is to be granted, it shall be subject to the arrangements for interacting by the respondent with the child and to bring the child to India during the school annual vacation of the child".

Cause Title: Anjana Chandran v. Haneesh

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