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A mother cannot be asked to choose between a ‘child’ and a ‘career’, says Bombay HC

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The Bombay High Court delivered a landmark judgment. The court said the woman “cannot be asked to choose between her child and her career.” The High Court also quashed the Family Court order. In they banned the mother from going to Poland with her daughter.

A bench by Justice Bharti Dangre was hearing a petition filed by the woman, in which the mother sought permission to travel to Krakow, Poland, along with her nine-year-old daughter. Her company offered a woman working in a private company in Pune a project in Poland. The woman can now go to Poland as the High Court said.

The court decided to strike a balance between the woman’s career prospects, as well as the relationship between father and daughter. The court did not think it should prevent the mother from being allowed to work, the court said. Basically, the interests of both the mother and the father should be balanced, as well as the future of the daughter, the court said.

The husband had opposed the plea and claimed that if the girl was taken away from him, he would never see his wife’s face again. The husband has alleged that the woman’s only motive for settling in Poland was to break the father-daughter relationship. Lawyers also cited the ongoing situation in Poland because of neighbouring countries, Ukraine and Russia. The court said the woman’s career prospects could not be ruled out.

After hearing the arguments of both parties, Justice Dangre said that to date the custody of the girl is with the mother, who has taken care of the girl alone and should be with her considering the age of the girl.

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