Bombay High Court Allows Woman To Relocate US With Daughter, But Risks Losing 50% Share In Pune Flat If Conditions Aren't Met

The Bombay High Court recently permitted a woman to relocate to the US with her minor daughter but with a rider that she would lose her 50 per cent share in the co-owned flat in Pune if she fails to grant the child's access to her estranged husband.

A bench of Justices BP Colabwalla and MM Sathaye heard the application by a woman seeking permission to take her minor daughter, who is presently in her custody, to the US. 

In 2020, the couple mutually consented to divorce but there was dispute over the access to their minor daughter. A Family Court (FC) in Pune granted the child’s custody to the mother but allowed regular access to the father.

Over the last three years, both parties filed several applications including a contempt plea by the man alleging that he was not given access to his daughter.

The high court asked them to go for mediation and settle their disputes when the woman filed the application seeking to relocate to the US. The couple then filed their consent terms before the high court.

In its order, the court noted that the estranged husband has given his consent to allow his daughter to relocate with the mother to the US but on condition that he would be given virtual as well as physical access and that the woman would withdraw certain criminal cases lodged against the man.

The man also raised an apprehension that there was no guarantee that the court order would be adhered to. Also, since the woman would be outside the jurisdiction of Indian courts, there would be no real way to enforce the same. 

Noting that the apprehension was “well-founded”, the bench said it would be fair and equitable that if the consent terms were violated, then the man would be free to file contempt proceedings, the bench said.

“In these contempt proceedings, if the court comes to the conclusion that there has been wilful disobedience of the consent terms in relation to access then the court would have the power and jurisdiction to call upon the mother to release her 50 per cent share in the flat at Pune in favour of the father,” the court ruled. 

It further said that in case the woman does not release her share, then the court was free to appoint a court commissioner to act on behalf of her for transfer of her 50 per cent share to the man.