A Mother Can't Be Asked To Choose Between Child And Her Career, Says Bombay High Court
Working mothers have always faced pressure from society to choose their family above their career.
Many working women have been forced to let go of their well-established careers and dream jobs to look after their families due to this social pressure.
But now the Bombay High Court has said that a mother can't be asked to choose between her career and her child.
The woman wanted to go Poland with her daughter
The Bombay High Court, was hearing the petition filed by a woman who is separated from her husband seeking permission to relocate and shift along with her daughter to Krakow in Poland, where she has got a job opportunity.?
The man opposed the plea claiming that if the child is moved away from him then he would get to see her again.
The woman had first approached the Family Court in Pune seeking sole custody of her daughter and to relocate to Poland.
But it sided with the husband and ruled against taking the child out of the country.
The woman filed and appeal against the Family Court order in the Bombay High Court.
Can't refuse job prospects of a mother?
On July 8, the Bombay HC observed that the woman had the right to development, and set aside the Pune Family Court's order refusing permission to the wife to relocate along with their daughter.
The court noted that till date the custody of the girl was with the mother, who has single-handedly raised the child and considering the girl's age, it is important that she must accompany her mother.
"I do not think that the court can refuse the job prospects to a mother, who is inclined to take up the job and she cannot be deprived of this opportunity. Necessarily, a balance has to be drawn between the interests of both the mother and father and also look at the welfare of the child," Justice Dangre said.
She took care of the daughter till now
The petitioner is the mother of the child and has been continuously with the child since her birth and though a working woman, has struck a balance between her work and care and affection of the child and ensured that she enjoys a healthy upbringing, the court said.
The court also refused to accept the husband's contention that the girl would feel anxious if uprooted now to a foreign country. "It is not uncommon for children to shift along with their parents. It is also not uncommon for a working woman to leave her child in a day-care facility, on account of her responsibilities," Justice Dangre said.
Father's right to the daughters also taken care of
The court also directed the woman to fly down with her daughter to India during all three vacations, so that the father can have physical access in addition to virtual access.
"There has never been, nor will there ever be, anything quite so special as the love between a daughter and her father," Justice Dangre noted.?
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