It was observed by Justice Bharati Dangre that the woman had the right to development. The Family Court order was set aside refusing the permission to the woman by her husband to relocate along with their daughter to Krakow, Poland, for two years.
The judge said, “…the impugned order has failed to consider the important aspect of right to development, being vested in the petitioner as she cannot be asked to choose between her child and her career, the impugned order is quashed and set aside.”
The petitioner (wife) wants a divorce from her husband, hence she sought the sole custody of their minor daughter in the Family Court, located in Pune. An application has been filed by the petitioner in her petition for custody seeking permission to shift to Poland with her daughter. Following this, an application was filed by the petitioner’s husband to seek a restraint order to prevent the petitioner(wife) taking their daughter to Poland.
Partial relief was granted by the Family Court to the husband and the wife was prevented from taking the daughter out of India. Additionally, the wife has been restrained by the court in changing the daughter’s school without her husband’s consent.
