Mother cannot be asked to choose between career and child: Bombay High Court

Alleging harassment by her husband and his family, the woman, who hails from Pune, Maharashtra, left home with her daughter in 2016. She applied for dissolution of the marriage in 2017 and demanded that she be declared the sole guardian and guardian. His child

However, her husband opposed her move to relocate to Poland with their daughter for two years. He alleged that his wife was taking him to Poland to break up with the minor girl.

He added that the daughter is affected by the “trauma” of experiencing an entirely new culture, language and season. He moved the family court and the court stopped the woman from being taken to Poland.

The woman approached the Bombay High Court. Hearing the petition, the Bombay High Court allowed the mother to take her daughter to Poland. The court also directed her estranged husband to give his no-objection so that her daughter can get a visa and go to Poland for two years.

“I do not think that the court can deny job prospects to a mother who is willing to take up the job and cannot be denied this opportunity. The husband suggested that the child be left to him and her. The family will take care of her, this is not feasible, as the little girl would always stay with her mother, except for a few hours, when she was exclusively in the company of her father or his family,” the court said.

It said, ‘One thing is clear that the girl cannot be separated from the petitioner-mother.

Dismissing the father’s claims, the High Court said that the apprehension of his overthrow is completely “unfounded” as “it is not unusual for children to relocate with their parents, who decide to move abroad”. .

On the decision of the Family Court, the High Court said, “It has failed to consider the important aspect of the right to development vested in the petitioner as she cannot be asked to choose between her child and her career.”

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