Panaji: The Bombay high court has permitted a woman to travel along with her husband (with whom divorce proceedings are ongoing), and their minor children for a trip abroad but directed her not to stay at the same hotel or interfere with their peaceful holiday.The court “explicitly cautioned” that if there is any violation of its order and if the girls report that their mother has intervened or interfered in their vacation with their father, the court may impose restrictions on her access to the daughters.She approached the high court to challenge an order granting him eight days of custody of their children and permission to travel abroad with them for a holiday. In the alternative she sought permission to travel with them and also sought directions to her former husband to arrange her travel and stay at the same hotel.The high court interviewed the minor girls and said that it is convinced that they are comfortable travelling with their father and have not exhibited any apprehension in that regard.Both girls are excited and looking forward to their vacation and in these circumstances the high court said it doesn’t find it necessary for the mother to travel with them. “Hence, there is no reason to direct the Respondent (father) to make arrangements and incur expenditure for the Petitioner-mother’s travel to accompany him and his daughters,” the HC said.“I believe that having the mother accompany the children on the same flight and stay in the same hotel could be counterproductive and may hinder the children’s ability to enjoy their vacation with their father and best friend,” the court stated.However, since the Petitioner-mother is also concerned about her daughters’ safety and well-being travelling alone with their father, she is allowed to travel there on the same dates. She must arrange her own travel, including her airfare and hotel expenses,” stated Justice Dr Neela Gokhale.“It is clarified that she will not stay in the same hotel as the Respondent and the girls and will not harass or interfere with their peaceful vacation with their father. Nonetheless, the order from the Principal District Judge requiring the Respondent-father to facilitate video calls with the Petitioner-mother in the mornings and evenings, to ensure she can speak with the children and that their safety, well-being, and enjoyment are maintained during the trip, remains in force,” the court said.
