Source Of Father's Vacation Expenses Can't Be Basis To Deny Interim Custody Of Child: Delhi High Court
The Delhi High Court has held that the source from which a parent proposes to incur expenses of a vacation for his children is not a relevant consideration while determining interim custody of minor children.A Division Bench of Justices Tejas Karia and Madhu Jain made the observation while allowing an appeal filed by a father seeking interim custody of his two children for a week during...
The Delhi High Court has held that the source from which a parent proposes to incur expenses of a vacation for his children is not a relevant consideration while determining interim custody of minor children.
A Division Bench of Justices Tejas Karia and Madhu Jain made the observation while allowing an appeal filed by a father seeking interim custody of his two children for a week during their summer vacation in London with their mother.
Rejecting the mother's contention that the father should not be granted custody in London because he had not borne the travel expenses for the children's foreign trip, the Bench observed,
Rejecting the reasoning adopted by the Family Court that the father could save a substantial amount of his parents' money by planning holidays with the children in India, the High Court said,
"There is no basis to conclude that the Appellant may spend time with the children only in India…The source from which the Appellant proposes to incur expenditure for the vacation is not a relevant consideration for determining interim custody of the children."
The mother had argued that the children's travel to London had been funded by her parents and that the father, having not borne those expenses, could not seek interim custody of the children during the trip. She had also expressed apprehension that the father might abscond with the children to tax havens like Mauritius.
The High Court found no merit in these objections and observed that if the father intended to permanently remove the children from India, a similar apprehension would arise even during a vacation within India.
It termed the apprehension “speculative” and held that it could be adequately addressed by directing that the children's passports remain in the mother's custody throughout the period of interim custody.
Accordingly, the Court granted the father interim custody of the children in London from June 28 to July 5, subject to his reimbursing the mother for the entire cost of the children's return air tickets and complying with conditions as prescribed.
Appearance: For the Petitioner : Ms. Geeta Luthra, Sr. Advocate with Mr. Aadarsh Kothari and Ms. Aparna Bhadoria, Advocates. For the Respondents : Ms. Manali Singhal, Ms. Shreya Singhal and Ms. Aanchal Kapoor, Advocates.
Case title: A v. V
Case no.: MAT.APP.(F.C.) 210/2026