HC allows estranged woman to take daughter to Poland

The single-judge bench of justice Bharati Dangre, while hearing the petition of the mother, was informed by advocates that the mother was desirous of advancing her career

Mumbai The Bombay high court has allowed a Pune resident to take her nine-year-old daughter to Poland in view of the fact that the woman had single-handedly raised the child after she separated from her estranged husband six years ago.

Being a qualified engineer, the woman had taken up a job while in Pune and in the course of her employment, she was offered a post in Krakow, Poland, which she wanted to take up (HT Photo)

The single-judge bench of justice Bharati Dangre, while hearing the petition of the mother, was informed by advocates Abhijit Sarwate and Hardev Kaur that the mother was desirous of advancing her career but at the same time, wanted to ensure that her daughter got the due care and affection which only a mother can give, hence had challenged the family court order.

The couple got married in 2010 and were blessed with a daughter in 2013. They were initially residing in Delhi, but due to the constant nagging by the mother-in-law, the woman had decided to leave the matrimonial home and return to her parents’ home in Pune in 2016 along with her daughter. Thereafter, due to the strained relations with her husband, she had filed for dissolution of the marriage in 2017.

Being a qualified engineer, the woman had taken up a job while in Pune and in the course of her employment, she was offered a post in Krakow, Poland, which she wanted to take up.

In this backdrop, she had filed a petition in the family court seeking declaration that she was the sole guardian of the daughter so that she could take the child with her to Poland. The husband had objected to it and the family court had upheld his objections and restrained the woman from taking the daughter to Poland.

Aggrieved at the prospect of leaving her daughter who she had single-handedly brought up since 2016, the woman approached the HC challenging the family court order.

Advocates Mayur Khandeparkar and Ajinkya Udane appearing for the husband objected to the relocation of the minor daughter to Krakow, contending that the wife had made previous attempts to alienate the child from him and his family under the guise of her job prospects and the whole intention was to severe the ties between the father and the daughter and once she moved to Poland, his visitation right would be curtailed.

HC, however, held that considering her age, the girl must accompany her mother, particularly when the mother has single-handedly brought up the child after being separated from the husband.

It added that the option suggested by the husband that the child should be left with him and his family will take care of her was not a viable one, as the little girl has always stayed with her mother. “One thing is clear that the girl cannot be separated from the petitioner-mother,” said the bench.

The court, however, directed the woman to bring the child at her own expenses to India during her school breaks, so that the father can avail access to the daughter, and the husband is directed to accord his no-objection on the visa application or any other documents, which require his signature in three days, which will facilitate the petitioner to obtain visa for the daughter as well.”