After permitting the mother to take her son to the United Kingdom, the courts ‘should not penalise custodial parents’, the Kerala High Court remarked. (AI-generated image)Observing that the right of the child to a good education cannot be scuttled by an onerous financial burden, the Kerala High Court recently set aside a family court order requiring a mother to furnish a security of Rs 75 lakh and execute bonds before taking her minor son to the United Kingdom.A division bench of Justices J Nisha Banu and Shoba Annamma Eapen observed that such onerous conditions would place the mother in a position where compliance is impracticable, which would ultimately be detrimental to the child’s welfare.“The condition of Rs 75 lakh now imposed only serves to deny the child a better educational opportunity,” the order dated June 19 read. The court further directed her to file an undertaking before the family court to abide by the remaining conditions in the said order and to strictly comply with the same.The case arose from a custody dispute between a couple living separately. The husband had filed a plea before the family court seeking permanent custody of the child. During the proceedings, the mother, who works in the UK, sought permission to take the child with her to provide better care and education.After considering the objection filed by the husband, the court allowed the wife to take the child abroad with her. The family court, while allowing the petition, found that the woman is in a better financial position and that she has secured a job in the United Kingdom. Justices J Nisha Banu and Shoba Annamma Eapen said the welfare of the child must remain the primary consideration in custody matters.However, certain conditions were imposed while passing the order, which included a direction to the mother to furnish a security of Rs 75 lakh for taking the child from India to the UK and also directing her and her two sureties to execute a bond of Rs 7,50,000 each. Feeling aggrieved by the condition, the woman moved high court.Also Read | ‘Boys can’t take rejection’: Court rules with ‘heavy heart’ on classroom murderThough notice was served on the husband, there was no appearance on his behalf. The petitioner, meanwhile, relied upon a judgment wherein the Supreme Court held in another case that the welfare of the minor child is of paramount concern and had waived the condition imposed by the family court.Story continues below this ad‘Child welfare primary’The high court stated that the welfare of the child must remain the primary consideration in custody matters. The child was only eight years old and the family court itself had concluded that the mother was better placed to care for him, it observed.It further noted that the mother is willing to provide better education to the son by taking him to the UK.However, the conditions imposed for the same should not be illusory or incapable of compliance and the right of the child to good education cannot be scuttled by an onerous financial burden.After permitting the mother to take the child to the United Kingdom, the courts “should not penalise custodial parents”, it remarked and held that the condition only serves to deny the child a better educational opportunity.Also Read | Kerala neighbours take coconut tree battle to high court, told to resolve it over ‘cup of tea’Family court’s condition set asideThe high court found there was no allegation that the mother had violated any previous court order. It, therefore, observed that the imposition of an exorbitant amount as security by the family court is liable to be set aside, as it does not subserve the best interests of the child.“Such onerous conditions would place the mother in a position where compliance is impracticable, which would ultimately be detrimental to the child’s welfare,” the court held and set aside the condition imposed by the family court.Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More