Supreme Court permits mother to relocate minor children to UK

The Supreme Court has permitted a mother to relocate her two minor children to the United Kingdom, prioritizing their best interests and welfare in a custody dispute.

In its ruling, the Court rejected the argument that the mother’s frequent changes in residence and employment constituted a ‘nomadic life.’ Crucially, the Court considered the father’s pending prosecution under the Protection of Children from Sexual Offences (POCSO) Act. Following disclosures made by the minor son to a psychiatrist at NIMHANS, the Court determined that granting custody to the father would be unwarranted.

The Court also expunged previous observations from the High Court regarding the veracity of the POCSO allegations, labeling them premature. The decision to allow relocation was based on the mother’s financial stability, her employment in the UK, the pending criminal proceedings against the father, and the children’s expressed reluctance to be in the father’s company.