The Delhi High Court has rejected a plea filed by a former husband challenging a family court order denying his guardianship petition for custody of his 5-year-old minor child, who is a citizen of Ukraine. The division bench comprising Justice Rajiv Shakdher and Justice Amit Bansal upheld the family court’s decision, emphasizing the child’s best interests in remaining with the mother and sibling, also citizens of Ukraine, despite prevailing hostilities in other parts of the country.
In its ruling, the bench highlighted the importance of considering the child’s welfare above all else, particularly given the circumstances. The court concluded that it was not inclined to interfere with the family court’s judgment and dismissed the appeal, thereby allowing the mother, respondent no.1, to leave India with the minor child.
The case originated from a marriage in 2000, which was dissolved by a court decree in Ukraine in May 2021. Despite being granted visitation rights, the father’s petition for guardianship and custody was rejected by the family court. The Delhi High Court, in its dismissal of the appeal, underscored the child’s usual place of residence in Ukraine and acknowledged the minor’s preference to remain with the mother.
Additionally, an affidavit from the Union Ministry of Home Affairs highlighted security concerns in Ukraine, including an air strike in Vinnytsia in September 2023 and advisories urging Indian nationals to leave the country. However, the court’s decision prioritized the child’s well-being and affirmed the mother’s freedom to relocate with the minor child.
The Delhi High Court’s ruling underscores the principle of prioritizing the best interests of the child in custody disputes, ensuring their safety and welfare remain paramount considerations in legal proceedings.
