A woman should not be forced to choose between her child and career - Bombay HC

Case: Anuradha Sharma vs Anuj Sharma

Court: Justice Bharati Dangre of Bombay High Court

While allowing a woman to take her daughter to Poland where she secured a job, the Bombay High Court observed that a woman should not be forced to choose between her child and career. 

Bombay HC set aside an order of the lower court restricting the woman's travel by stating that the lower court judge failed to consider a woman's right to professional development.

Background

The woman filed a petition before a family court under the Guardian and Wards Act in Pune to be declared the sole guardian of her daughter. She also filed an application seeking permission from the court to relocate and travel to Krakow, Poland along with her daughter as she received a job there. The woman filed an application seeking directions to her husband to submit his non-objection so that the daughter's Visa formalities could be completed.

The family court rejected the application, restraining the woman from traveling to Poland during the pendency of the guardianship litigation.

The same was challenged before the High Court.

Justice Dangre, before setting aside any order, took into account the rights of the father to have access to his child.

The Court modified the consent terms and permitted the father to have overnight access to the daughter for some days during her three vacations in a calendar year.