The Bombay High Court has allowed a divorced woman to settle in America with her minor daughter. However, the High Court has also imposed some conditions under which the woman will have to introduce the child to her father from time to time. The court also said that if she fails to do so, she will lose her 50 per cent share in the co-owned flat in Pune.
The couple got divorced with mutual consent in the year 2020, but there was a dispute over the custody of their daughter. A family court in Pune ordered the mother to give custody of the girl but also allowed the father to meet the daughter from time to time. During the last three years, both the parties filed several applications in the court. One of these was also an application for contempt of court order. The husband alleged that he was not being allowed to meet the child. Recently, the woman had applied in the High Court seeking permission to settle in America with her minor daughter.
On this, the High Court directed both the parties to negotiate and mediate on this issue. After this the couple agreed to the settlement in the High Court. After which the court allowed the woman to settle in America with her daughter. However, she also imposed a condition that she would introduce the daughter to her father from time to time in a virtual manner and would also allow physical meetings on occasion. The woman agreed to this.
However, the husband expressed apprehension in the court that his wife might disobey the court order as she would be in a foreign country outside the jurisdiction of Indian law. On this, the High Court said that if the court finds that the woman willfully disobeyed the order, then the flat co-owned by her in Pune will be handed over to the girl’s father in its entirety.