In a custody dispute involving cross-border parental rights, the Supreme Court of India recently granted partial relief to a petitioner-wife by allowing her to travel to Poland with her minor daughter, subject to an undertaking. A relief that had earlier been denied by the Bombay High Court.

While the High Court had rejected her plea citing pendency of contempt proceedings, the Supreme Court Bench of Justice B.V. Nagarathna and Justice S.C. Sharma permitted the temporary departure, subject to an undertaking that she and the child would return to India within a stipulated time frame to facilitate the father’s visitation rights.

Before the Bombay High Court, the petitioner had sought permission to continue residing in Poland, submitting that she was willing to remain available for court proceedings physically or virtually, and suggested that the Court interact with the minor daughter to independently assess her views. The High Court, however, declined to grant any relief.

It noted that by a previous order, the Court had laid down a detailed schedule granting the father access to the minor child during school vacations being winter, spring, and summer breaks. This schedule had been affirmed by the Supreme Court. The petitioner was found to have breached these directions by failing to bring the child to India during the summer as ordered. As a result, contempt proceedings had been initiated, with the High Court issuing notice for prima facie wilful disobedience. Her application seeking exemption from personal appearance in those proceedings was also rejected, and that rejection was upheld by the Supreme Court.

In this context, the High Court held that the petitioner was attempting to re-agitate issues already decided, without demonstrating any change in factual or legal circumstances. It reaffirmed that once a higher forum had affirmed an order, repeating the request in a new form could not be permitted. Finding no basis for interference, the Court rejected the interim application.

The petitioner then approached the Supreme Court, submitting that the child had to return to school in Poland and offering to file an affidavit of undertaking to return to India by a specific date to enable the father to exercise his visitation rights during the summer vacation. She also expressed willingness for the child to remain in India for a full month to facilitate thirty days of overnight access from 01.07.2025.

Accepting these submissions, the Supreme Court permitted the petitioner and the child to travel to Poland. It directed that an affidavit of undertaking be filed before departure, committing to return on or before the agreed date. It was further ordered that the father would be entitled to thirty complete days of overnight access upon their return. The matter was listed for further proceedings thereafter.

Bombay High Court (Order)

Supreme Court of India (Order)