Mother's Right To Higher Education, Personal Development Can't Be Curtailed Due To Custody Disputes: Delhi High Court

The Delhi High Court has held that a mother's right to personal development, dignity and autonomy, including the pursuit of higher education abroad, is an intrinsic facet of the right to life and personal liberty under Article 21 of the Constitution, and cannot be curtailed merely because custody and visitation proceedings are pending.Justice Saurabh Banerjee held that the fact that a mother is the primary caregiver and responsible for the upbringing of a child cannot be a ground to compel her to surrender her right to education, personal growth or self-advancement. “On the contrary, enabling a mother to pursue higher education strengthens her dignity, economic independence, and overall well-being, elements that lie at the core of the Right to Life under Article 21 of the Constitution and, in turn, equips her to provide a more secure, stable, and nurturing environment for the child,” the Court said.The Court passed the order while permitting a mother to travel to the United States along with her minor son for completion of her post-graduate degree. The parties married in 2014 and had a minor son born in 2017. Following separation in 2019, multiple proceedings were initiated, including custody and visitation disputes before the Family Court and the High Court.The mother secured admission to a Master's programme in Public Health Education and Promotion at Marymount University, Virginia, and sought permission to travel to the US along with the child. The father opposed the plea, alleging that relocation would frustrate his visitation rights and amount to parental alienation.Granting relief to the mother, Justice Banerjee observed that the decision to pursue a post graduate degree, especially from a foreign University, is a conscious exercise undertaken by an individual aimed towards individual growth, dignity and the ability to attract better future career prospects. The Court said that denial or unreasonable restriction on exercise of such a choice would tantamount to an impermissible intrusion into the very spirit of the right to personal liberty and development enshrined and protected under Article 21 of the Constitution of India.It added that while welfare of the minor child is paramount consideration, however, the same has to be taken cumulatively and harmoniously with various relevant factors and applicable surroundings involved. “Every individual, like the mother herein, is entitled to realise his or her full potential, and a mother cannot be compelled to make an invidious choice between her child and her career. This Court cannot overlook that the right to personal development is an integral facet of the right to life and personal liberty under Article 21 of the Constitution, and, therefore, any interpretation of 'custody principles' must be interpreted in a manner that not only respects and upholds this constitutional guarantee but also is in sync thereof,” the Court said. Justice Banerjee held that denying the mother in the case to travel to the USA for completion of her post-graduate program would be undermining the principles of right to development and personal liberty as enshrined and guaranteed to her under Article 21 of the Constitution of India. While allowing the mother to travel to the USA along with the minor child for completion of her post-graduate program, the Court modified the subsisting interim arrangement governing the visitation rights of the father.Title: X v. YCitation: 2026 LiveLaw (Del) 155Click here to read order

Mother's Right To Higher Education, Personal Development Can't Be Curtailed Due To Custody Disputes: Delhi High Court

Nupur Thapliyal

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