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Supreme Court of India 2020-10-28 allowed

Mrs. Ritika Sharan vs Mr. Sujoy Ghosh

Bench: 3 — Dhananjaya Y Chandrachud, Indu Malhotra, Indira Banerjee

In Brief

A mother employed in Singapore sought to relocate her seven-year-old son from Bengaluru after separation from the father. The Family Court had restrained her from removing the child outside Bengaluru; the High Court upheld this restraint. The Supreme Court allowed the mother's appeal, holding that the child's welfare is paramount. While the child had been with maternal grandparents during interim proceedings, actual custody remained with the mother. The Court permitted relocation to Singapore with safeguards: the child must return to India twice yearly, the father has video visitation rights and vacation access, and the mother must seek Court permission before any further international relocation.

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Family Law Custody Child Welfare Matrimonial Disputes Divorce Domestic Violence Guardianship Parental Rights International Relocation

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