SC allows mother to take child to Singapore from Bengaluru

The Supreme Court has allowed a mother of a seven-year-old boy to take her child from Bengaluru to Singapore, her country of employment, rejecting opposition from the father, who was temporarily residing in Ireland.

A bench of Justices D Y Chandrachud, Indu Malhotra, and Indira Banerjee said that in matters of matrimonial disputes such as the present, the welfare of the minor child is of paramount concern, which can be subserved if the mother is allowed to take the child to Singapore but the father is allowed adequate rights of access and visitation.

The court made adequate arrangements for regular meetings of the father and the child during holidays and video conferencing for one hour every on Saturday and Sunday and five to 10 minutes every day.

"A balance has to be drawn so as to ensure that in a situation where the parents are in a conflict, the child has a sense of security. The interests of the child are best subserved by ensuring that both the parents have a presence in his upbringing," it said.

The court passed its order under Article 142 of the Constitution to do complete justice, rejecting the father's plea that she had not challenged the order of not taking the boy outside the jurisdiction of Bengaluru's family court. "Allowing this case to be lost in a maze of technicalities involving a formal challenge to the order, will eventually lead to the child staying in Bengaluru with the maternal grandparents, while the mother is employed in Singapore," it said.

The court also interacted with the child through video conferencing. While the child is attached to the father, he has indicated, in no uncertain terms, his desire to live with his mother, it said.

The court also noted the mother was gainfully employed in Singapore and her desire that she should be allowed to take the child with her is not an artifice. Further, the child has been with her since his birth, despite the demands of her employment, it said.

It was also informed Singapore is Covid free and the child would be able to attend regular school and some on-line classes.