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When mother can be granted permission to take children to fo

When mother can be granted permission to take children to Foreign country?

I am of the view that the apprehensions of the learned Guardian Judge are unfounded.

The children are US Citizens by 2015.12.03 16:12 birth. Therefore, for their mental and emotional developments, it is required that they should visit their motherland and be acquainted with its environment and also meet their mother. So far as apprehension of the learned Guardian Judge is concerned that the Court will not be able to enforce the return of the children as there is no bilateral agreement between United States and India and that India is not party to the Hague Convention, I am of the considered view that law enforcement is much effective in USA and the rights of the children are duly protected. Moreover, the decree incorporating the settled conditions was passed by the US Court and in case of violation, the same can always be enforced by US Court or the Police Department of USA. In order to allay the fear of the respondent, certain conditions can be laid down to ensure the safety of the children and their safe return, as per order of this Court. The mother petitioner has agreed to bear the traveling expenses of the children and also their boarding and lodging expenses and ensure their safe return on the date ordered by this Court.

Punjab-Haryana High Court

Maninderjit Kaur Atwal vs Barinder Singh Pannu on 1 December, 2015

          Civil Revision No.5533 of 2015                                 
   IN THE HIGH COURT OF PUNJAB AND HARYANA

                       AT CHANDIGARH

   Coram;Kuldip Singh, J.